Loading...
HomeMy WebLinkAbout01/22/2008 Council Agenda Packet?OWN op ]??l 9WARANA17 REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 January 22, 2008, at or after 7:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. AS A COURTESY TO OTHER-S, PLEASE TURN OFF Ok PUT IN SUENT MODE ALL PAGERS AND CELL PHONES. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than January 18, 2008, 7:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. ?O*N MARANA17 4RIZON REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 January 22, 2008, at or after 7:00 p.m. REGULAR MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS - 1. Presentation on the 2008 State and Federal Legislative Agenda Priority Issues Packets (Josh Wright) ANNOUNCEMENTS/UPDATES - PROCLAMATIONS - F. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS G. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS H. STAFF REPORTS GENERAL ORDER OF BUSINESS 1. CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. ?O*N op I ??l ,kMARANAJ7 4 iZov4 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 2. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning water rights and water service issues and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Town of Marana v. Pima REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 January 22, 2008, at or after 7:00 p.m. J. COUNCIL ACTION 1. PUBLIC HEARING. Ordinance No. 2008.03: Relating to Development; approving and authorizing a rezoning for Gladden Farms Blocks 14, 15 & 25 (Kevin Kish) 2. a. Ordinance No. 2008.04: Relating to Traffic; regulating construction in town rights-of-way; establishing a permit process; providing penalties for violation; amending Title 12 of the Marana Town Code by renaming Title 12; adding Chapter 12-7; renumbering existing Chapter 12-7; and declaring an emergency (Jane Fairall/Keith Brann) b. Resolution No. 2008-12: Relating to Traffic; declaring the revisions to Town Code Title 12 adopted by Marana Ordinance No. 2008.04 as a public record filed with the Town Clerk; and declaring an emergency (Jane Fairall/Keith Brann) 3. Resolution No. 2008-13: Relating to Public Works; approving and authorizing the acquisition of certain property for the Camino de Mafiana/Dove Mountain extension project; and declaring an emergency (Cedric Hay) K. BOARDS, COMMISSIONS AND COMMITTEES L. ITEMS FOR DISCUSSION/POSSIBLE ACTION 1. Discussion and direction to staff concerning a request by the Southern Arizona Homebuilders' Association to liberalize temporary signage requirements within Town right-of-way and for offsite real estate project directional signs (Frank Cassidy) 2. State Lep-islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) M. EXECUTIVE SESSIONS .?O*N I 9??M A ?RN A 1 7 REGULAR COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 January 22, 2008, at or after 7:00 p.m. County, Maricopa County Superior Court No. CV2008-001131, and to direct the Town Manager and Town Attorney with respect to that litigation and other water rights and water service issues (Frank Cassidy) 3. Executive Session pursuant to A.R.S. §38-431.03(A)(3),(4),(6) and (7) for legal advice with the Town Attorney concerning annexation of the Marana Wastewater Treatment Facility and to consult with and instruct the Town Attorney and the Town Manager concerning the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20077448, and to direct the Town Manager and Town Attorney with respect to that litigation (Frank Cassidy) 4. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Camino de Mafiana/Dove Mountain extension project, CIP number 2001-052, from the parcel of property generally identified as Pima County Assessor's parcel number, 219-35-0130. 5. Executive Session pursuant to A.R.S. §38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers, 226-15-0090, 226-15- 0130, 226-15-008B, 226-15-017B, 226-15-018B and 226-15-019A, and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. 6. Executive Session pursuant to A.R.S. §38-431.03 (A)(3) and (4) for discussion and consultation for legal advice and to and consider the Town's position and instruct its attorneys regarding the January 10, 2008 demand letter from G. Lawrence Schubart reference Referendum 2007-01 against DeAnza Specific Plan, Ordinance No. 2007.27 N. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) 0. ADJOURNMENT N 0 TOWN COUNCIL MEETING TOWN OF MARANA 1) Q-;A 7 INFORMATION MEETING DATE: January 22, 2008 AGENDAITEM: E. 1 TO: Mayor and Council FROM: Joshua H. Wright, Assistant to the Town Manager SUBJECT: Presentation on the 2008 State and Federal Legislative Agenda Priority Issues Packets DISCUSSION Each year, staff is asked to prepare a series of documents outlining the Town's legislative priority issues for that year. These issues are heavily researched and placed into either a federal legislative category or a state legislative category depending on which level of government has the ability to authorize and / or appropriate legislation or funding to achieve the Town's goals. These legislative packets are intended to be both public documents outlining the Town's priorities for that year as well as tools to guide the lobbying efforts of lobbyists retained on the Town's behalf. Rebecca Kunsberg and Garrett Culver, interns in the Manager's Department, have prepared the following documents and will present the state and federal legislative agenda to Council. ATTACHMENTS 0 2008 State Legislative Agenda Priority Issues packet 0 2008 Federal Legislative Agenda Priority Issues packet RECOMMENDATION Town staff request that Mayor and Council review the attached packets and make any suggestions or changes they feel are necessary to accomplish the Town's legislative goals. SUGGESTED MOTION Presentation only. 111412008 6:29:59 PMJHW = = _? N? MARANA Z?=/I\ TOWN OF MARANA 2008 State Legislative Agenda Priority Issues The Town of Marana supports state appropriation, authorization and other legislative action for the following issues: 0 Support of Economic Development Program Funding Request for a Price Range in Request for Proposal / Statement of Qualifications (RFP/SOQ) Solicitations 0 Protection of Cities and Towns from State-Shared Revenue Tax Cuts Maintenance of Funding and Appropriate Use for the Arizona Heritage Fund 0 Maintenance and Support for Existing and New Transportation Funding Exemption of Municipalities from the Auction Process for the Acquisition of Arizona State Trust Lands Creation of a Sub-Geographic-Based Sales Tax to Improve Major Transportation Corridors Assessment of Central Arizona Groundwater Replenishment District (CAGRD) Charges on Property Tax Bills Collection of Assured Water Supply Credits for the Recharge of Storm- Water Support of Economic Development Program Funding BACKGROUND: Attracting new, high-wage jobs to Arizona is critical to the state's economic health. Yet, at a time of fierce competition for these jobs, Arizona lacks adequately funded tools to be successful. Cities and towns need additional support from the state for new job attraction because they not only compete with cities in other states but also frequently with state governments themselves. The state is working on a program to support municipalities. In October 2007, Governor Napolitano announced Arizona Economic Resource Organization (AERO). This is a bold new public/private partnership that is still in the process of being structured. AERO board members plan to collaborate on a regional basis and work with local economic development programs. AERO boasts that local programs will be strengthened by coordinated efforts. Although AERO's board of directors represents major businesses and established local economic development programs, the economic development priorities and programs of smaller municipalities must not be overlooked. PRESENT STATUS: The Town of Marana is in the process of recruiting an Economic Development Administrator and has a partnership with Tucson Regional Economic Opportunities (TREO), Inc. The Town would like to implement an economic development plan to include higb-wage jobs, a broad range of housing options, and industry near the Marana Regional Airport and Pinal Air Park. Although the AERO program is a new initiative to coordinate regional efforts, the Town needs its own economic development program to identify the needs of local businesses and residents. Marana's population is expected to grow to nearly 100,000 by 203 0 and 200,000 at build-out. Therefore, additional state support would facilitate the Town's developing a specific economic development plan to strengthen the economy along as the population grows. SPECIFIC REOUEST: The Town of Marana urges the state legislature to identify, fund and implement economic development programs to provide support to Arizona communities. Financial incentives will attract high-tech businesses with good-paying jobs to Marana that will improve the local economy, create tax revenue for the town, state and schools, and encourage similar businesses to move to this area. Request for a Price Range in Request for Proposal/Statement of Qualifications (RFP/SOQ) Solicitations BACKGROUND: The Request for Proposal / Statement of Qualifications (RFP/SOQ) process is an important component of any municipality's Capital Improvement Plan. Cities, towns and counties invite prospective consultants or firms to compete in a bidding process to complete a municipal project by sending RFP/SOQ's. Prospective consultants prepare documents tailored to meet the proposed needs of the solicitation for professional services. Municipal employees then review the RFP/SOQ's and evaluate a firm's qualifications to complete the municipal project. This process assures citizens that municipalities are evaluating and choosing the best consultant to complete a project using taxpayer dollars. However, state statutes outline how municipalities appeal to companies or individuals to be selected for a contract. Arizona Revised Statutes (ARS) 41-2578 specifically states that "the selection committee shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process." Municipal committees must enter into separate negotiations for the contract with the highest-qualified person or firm on the final list for contract. The process may take several months after sending out the RFPs/SOQ's because municipal employees assign deadlines to consultants to complete proposals, attend informational sessions, and be interviewed by committee members. However, the prospective firm may already have a price that is outside the Capital Improvement Plan budget. Therefore, after the committee interviews the prospective company and learns of the price, the committee might decline assigning a contract, leading the municipality to go through the RFQ/SOQ process again. PRESENT STATUS: The Town of Marana evaluates prospective contractors by a list of criteria. Currently, the Town only asks for pricing information on RFQ/SOQ's as part of the criteria for those services not listed in ARS 41-2578. Allowing the Town to ask for pricing information on the initial RFQ/SOQ application will save time and resources. After the Town receives bids, staff must go through applications, interview potential contractors, and finally request pricing information. This may lead to declining all bids and starting the process over again. SPECIFIC REOUEST: The Town of Marana urges the state legislature amend the Arizona Revised Statutes to allow cities and towns to request a price range in a Request for Proposal / Statement of Qualification solicitations for professional services. Protection of Cities and Towns from State-Shared Revenue Tax Cuts BACKGROUND: Arizona municipalities rely heavily on state-shared revenues to supply services. While tax cuts are frequently viewed as being beneficial to Arizona citizens, a reduction in state-shared revenues would severely impact local services. The state distributes to cities and towns 15% of income taxes two fiscal years following the fiscal year in which the state actually collects the income taxes. Each municipality's share of the revenues is allocated in proportion to its population compared to the total population of the state. Additionally, the municipality receives revenues from the State Shared Sales Tax. The state establishes a base of which 25% is shared with all incorporated cities and towns. This revenue source is based on economic conditions during the year for which the income was taxed and is subject to fluctuations in employment, corporate profits, tax credits and exemptions. Additionally, the State Shared Sales Tax is highly dependent on consumer confidence, unemployment, interest rates. Most important, this revenue source is also subject to changes made by the state legislature. PRESENT STATUS: The Town of Marana's population grew according to the mid- decade census, thus adjusting its state-shared revenues for the 05/06 fiscal year. From the Income Sales Tax, the Town expects a 53% increase over fiscal year 05/06 and a 19% increase over fiscal year 06/07. From the State Shared Sales Tax, based on figures provided by the Arizona Department of Revenue, a 43% increase over fiscal year 05/06 distribution is estimated and a 7% increase over 06/07 is projected. A growth rate of 3% is projected for fiscal year 07/08. However, the State of Arizona is predicting a budget shortfall in fiscal year 08/09 of $800 million or more. Frequently, state-shared revenues are the first place legislators look to find funds to address the shortfall. Revenue projections are a cornerstone of the budget process and the general fund, where shared tax revenues are deposited, is the largest source of operating funds. Although the Town evaluates projections such as growth, inflation, and recession, consistent shared revenues are needed to plan for the Town's fiscal health. SPECIFIC REOUEST: The Town of Marana requests that the state legislature hold all municipalities harmless in the event of tax cuts or revenue shortfalls. If the legislature implements a tax cut or there is an economic recession, state-shared funding levels should be maintained. Maintenance of Funding and Appropriate Use for the Arizona Heritage Fund BACKGROUND: Arizona voters created the Heritage Fund in 1990, designating up to $ 10 million a year from lottery ticket sales for the conservation and protection of the state's wildlife and natural areas. The Arizona Game and Fish Department spends its Heritage Fund dollars to recover threatened and endangered species, help urban residents appreciate and coexist with our unique wildlife, educate children about the environment, and create new opportunities for outdoor recreation. The department receives no money from the state's general fund. Therefore, to cover its operating budget, income from the Heritage Fund is critical to recovering and sustaining Arizona's unique native wildlife and managing more than 800 species. Additionally, the Heritage Fund is not voter-protected. It can be diverted at any time by the state legislature. Currently, state budget shortfalls are looming and the Heritage Fund may be subjected to diversion attempts. This would have a harmful effect on local municipalities' ability to fund programs that maintain trails, acquire and maintain habitats for endangered species, preserve historic and archeological sites, create and improve community and state parks, and provide environmental education. PRESENT STATUS: The Town of Marana encourages the preservation of its unique and treasured environment. The opportunity to use Arizona Heritage Funds for future projects gives the Town the ability to preserve its priceless historic character and value. The Town of Marana Parks and Recreation Department considers the Arizona Heritage Fund as an important resource in developing parks not just for recreational use, but also to preserve unique plant and animal species and to maintain historic value. This not only increases the livability of the Town but also increases the quality of life for our citizens as they identify with the preservation of our historic values and cultural heritage. SPECIFIC REOUEST: The Town urges the state legislature to avoid using the Heritage Fund to solve temporary budgetary problems and realize the long term benefits the state will derive from the proper, originally intended application of these funds. Maintenance and Support for Existing and New Transportation Funding BACKGROUND: The enormous growth of the State of Arizona and its counties, cities, and towns in recent years has placed a tremendous burden on local transportation systems. This scenario, coupled with large increases in construction costs, has generated a need for increased funding to complete the infrastructure required to address traffic congestion problems local governments are facing. At present, the Town of Marana, as well as other cities, towns and counties in Arizona, receives state-shared transportation revenues in the form of three major funds: Highway Users Revenue Fund (HURF), Local Transportation Assistance Fund I (LTAF I), and Local Transportation Assistance Fund 11 (LTAF 11). HURF, collected from motor fael, vehicle registration, operator license, and other transportation-related taxes and fees, is limited to street and highway expenditures. Approximately 27.5 percent of HURF is distributed to cities and towns using a formula based on population and overall fuel sales at the county level. LTAF 1, funded by proceeds from the Arizona Lottery, is restricted to transportation-related uses and is distributed on a population formula to cities and towns. LTAF 11 funds are generated through a combination of revenues from state-sponsored lottery games, a portion of the Vehicle License Tax (VLT), and some state general fund monies. Use of LTAF II funding is restricted to transit-related expenses only. When significant budget deficits exist, legislators often consider cuts in state-collected, locally shared revenues. Economic downturns frequently accompany budget deficits. Thus, at a time when local jurisdictions can least afford cuts, state lawmakers are considering diversion of crucial funding. Any reduction in state-collected, locally shared revenues can have an erosive result in terms of meeting basic local needs. A cut in transportation funds, as a major source of state-shared revenues, can cause delays in timely repairs and maintenance of roadways, increasing costs to local governments and taxpayers in the long run. PRESENT STATUS: Transportation funding remains a critical issue to the Town of Marana, which continues to experience major population growth and urbanization. For FY 07/08, the Town expects an increase of 9% in collected HURF funds to $2,060,300. However, HURF funding to Arizona cities and towns is presently in danger. For example, one proposal current being considered by the state legislature would divert $106 million in HURF funding away from municipalities to pay for state Department of Public Safety (DPS) personnel and operating costs. SPECIFIC REOUEST: The Town of Marana supports legislation and/or administrative actions that protect existing state-shared transportation revenues and seek out new sources of transportation funding to assure adequate local community services and infrastructure. Exemption of Municipalities from the Auction Process for the Acquisition of Arizona State Trust Lands BACKGROUND: Arizona has over nine million acres of land currently held in trust for the common schools. Trust lands must be sold or leased for their highest use and highest appraised value to the highest bidder at public auction. Earning money for Arizona's public schools is the primary mission of the trust. However, burgeoning values for trust land assets render acquisition for essential public right-of-way purposes unattainable for most municipal entities. Making the acquisition of public right- of-way less burdensome for municipalities would accelerate economic development in the state, provide efficient public transportation corridors, and further enhance the value and desirability of adjacent state lands and other properties. The acquisition of trust land for public right-of-way purposes would enable adjacent Arizona communities to actively plan for the construction of transportation corridors and connecting thoroughfares in, around, and between communities. These corridors would ease growing commuter concerns, provide alternative routes for commerce, and improve public access to surrounding state trust lands, making them even more attractive to developers and increasing their value to the schools. Trust lands are a substantial component of the process under Arizona's 1998 Growing Smarter program and are integrated into the General Plans of many communities across the state. Some communities are almost surrounded by trust land that is needed for public roads and infrastructure but can only be acquired at public auction for the highest possible value. This situation holds hostage the economic development potential of those Arizona communities that simply cannot afford to pay resort property prices for land needed for a road. PRESENT STATUS: Currently, the Town of Marana must go through an auction process. If the Town is interested in state land, the Town must submit a proposal for the development of the land. After the State deems the development will increase the value of surrounding trust land, the state will publicize an auction notice. Private interests as well as the Town are invited to bid on the land. Although the Town originally submitted a proposal for the parcel in question, the auction process will grant the land to the highest bidder which may be the private interest. As the Town grows, a process to acquire state land will be essential to add public right- of-ways and services like police facilities to meet and even exceed community standards. Improved access increases the development potential for the undeveloped land, thereby expanding the Town's economic base. SPECIFIC RFOUEST: The Town of Marana supports legislation to exempt cities and towns from the auction process for the acquisition of Arizona State Trust Lands for essential public right-of-ways. Creation of a Sub-Geographic-Based Sales Tax to Improve Major Transportation Corridors BACKGROUND: The Interstate 10 (1- 10) is a critical part of Southern Arizona's economy and transportation system. As a major highway vital for the movement of goods throughout the country, as well as the gateway into Pima County for visitors, the poor appearance of the route has long been a concern for regional coordinating bodies. Because of this problem, the Town of Marana expends general fund dollars for the regular landscaping and cleanup of its section of the freeway. Recently, the Pima Association of Governments (PAG) and other entities such as Tucson Regional Economic Opportunities (TREO), Inc., identified the I- 10 as a key to the region's economic success and called for increased beautification efforts to aid in economic development. PRESENT STATUS: The Town would like the ability to create a source of funding and the authority to adopt a financing plan to address I- 10 aesthetics. Currently, the Town can only adopt certain tax laws for specific activities. The ability to adopt a sub-geographic- based sales tax that would increase the Town's sales tax and maintain the percentage the State receives in sales tax revenues is not presently among allowable taxing activities. This taxing system is unlike a tax increment finance plan which takes a percentage of the state's portion of sales tax revenues. The sub-geographic-based sales tax would effectively set differential tax rates in areas, within a certain distance of the 1-10 corridor within the Town limits. The ability to add a 0.5% sales tax within the designated area would create funds that would be specifically dedicated to the clean-up and development of I- 10. SPECIFIC RFOUEST: The Town urges the state legislature to create enabling legislation to allow sub-geographic-based sales taxes. This legislation would create a sales tax increase in a specific region along the I- 10 and would not cut into state sales tax revenues. Revenues from this tax would be dedicated to specifically improve and maintain this area, including infrastructure additions and improvements and artistic enhancements that improve the quality of life and economic development efforts. Assessment of Central Arizona Groundwater Replenishment District (CAGRD) Charges on Property Tax Bills BACKGROUND: In 1993, the Arizona legislature created a groundwater replenishment authority to be operated by the Central Arizona Water Conservation District (CAWCD) throughout its three-county service area. This replenishment authority of CAWCD is commonly referred to as the Central Arizona Groundwater Replenishment District (CAGRD). In 1999, the legislature expanded CAWCD's replenishment authorities and responsibilities by passing the Water Sufficiency and Availability Act. The purpose of the CAGRD is to provide a mechanism for landowners and water providers to demonstrate an assured water supply under the new Assured Water Supply (AWS) Rules which became effective in 1995. The AWS Rules are designed to protect groundwater supplies within each Active Management Area (AMA) and ensure that people purchasing or leasing subdivided land within an AMA have a water supply of adequate quality and quantity. Thus, in each AMA, new subdivisions must demonstrate to the Arizona Department of Water Resources (ADWR) that a I 00-year assured water supply is available to serve the subdivision before sales can begin. Membership in the CAGRD provides a means by which an AWS applicant can show that the proposed water use is consistent with the water management goals of the particular AMA. All Arizona AMA's have restrictions limiting the amount of groundwater that can be used to demonstrate an AWS. In the Tucson AMA, 8% of the I 00-year supply can be mined groundwater. If a water provider or a landowner has access to groundwater and desires to rely exclusively on groundwater to demonstrate a I 00-year water supply, it may do so provided it joins the CAGRD. As a member of the CAGRD, the landowner or provider must pay the CAGRD to replenish any groundwater pumped by the member which exceeds the pumping limitations imposed by the AWS Rules. The CAGRD must replenish (or recharge) in each AMA the amount of groundwater pumped by or delivered to its members which exceeds the pumping limitations imposed by the AWS Rules. Membership in the CAGRD is voluntary. Any municipality, water company, subdivision or homeowners association located in Pima, Pinal or Maricopa Counties may join the CAGRD. There are two types of members: Member Service Areas, defined as the service area of a city, town or private water company, including any additions to or extensions of the service area; and Member Lands, defined as an individual subdivision with a defined legal description. PRESENT STATUS: There are currently two different avenues being used to collect payment based upon whether the property being served is within a Member Service Area or a Member Land. Water providers serving Member Service Areas are required to pay a replenishment tax directly to the CAGRD according to the number of acre-feet of excess groundwater they deliver within their service areas during a year. This means that in order for the water provider to recover these expenses, it is required to add an additional fee onto the users' water bills and then transfer that money to the CAGRD. For Member Lands, a replenishment assessment will be collected with the property taxes by the county assessor from each parcel according to the number of acre-feet of excess groundwater delivered to that parcel. SPECIFIC REQUEST: Marana requests that the state legislature require CAGRD charges to be assessed with property taxes for Member Service Area users, the same way they are for Member Lands. This would standardize the collections while removing the water providers from the process, thus reducing the number of parties involved. As the county already collects property taxes from these users, it would impose only a minimal increased burden on the county assessor. Collection of Assured Water Supply (AWS) Credits for the Recharge of Storm-Water BACKGROUND: Arizona Revised Statutes (ARS) Title 45 currently does not allow for storm water to be detained and stored within an Active Management Area (AMA). The flow of water may be slowed, but cannot be "permanently" detained. As such, entities also are not permitted to earn credit toward their assured water supply for water that is recharged through storm water retention basins. Many cities, towns, and counties currently require that any developer responsible for a large project include a retention/detention basin that will handle the run off that is created as a result of the nonporous nature of that development. These basins are intended to capture the water that would have otherwise naturally percolated had the land not been disturbed. These basins serve the same function as a constructed recharge facility except that the volume of water that enters these facilities is not measured. It is possible for municipalities to measure the amount of water captured and recharged by these basins, in essence making them equal to a constructed recharge facility. PRESENT STATUS: Currently, ARS Title 45 does not allow for the entity (municipality, water provider, etc.) to earn assured water supply (AWS) credits for storm water recharged using the process described above. SPECIFIC REOUEST: Marana requests that the state legislature amend the Arizona Revised Statutes Title 45, which would allow governments to collect storm water that is generated on private land within their jurisdiction, and to then recharge such water for credit toward their Assured Water Supply. MARANA =/ I \ TOWN OF MARANA 2008 Federal Legislative Agenda Priority Issues The Town of Marana supports federal appropriation, authorization and other legislative action for the following issues: 0 Preservation and Expansion of the Tortolita Fan and Preserve Area 0 Construction of a Federal Contract Control Tower at the Marana Regional Airport * Preservation of Funding to Implement Habitat Conservation Plans (HCP's) Construction of a Northwest Reliability Reservoir Utilizing Central Arizona Project (CAP) Water Beneficial Sale of Southern Arizona Water Rights Settlement Act (SAWRSA) Effluent Preservation and Expansion of the Tortolita Fan and Preserve Area BACKGROUND: The area known as the Tortolita Fan is located east of the Central Arizona Project (CAP) canal and the Interstate 10 and north of West Moore Road. The area is comprised predominately of state land, with some smaller pieces owned by federal and private entities. Within the Tortolita Fan also lies the Tortolita Preserve, which sits on 2,399 acres directly west of the Dove Mountain area on state land leased by the Town of Marana. Originally the entire Tortolita Fan was designated for inclusion in the Ironwood National monument west of the Interstate 10 just outside the Town boundaries. Many also thought it would be designated as Saguaro National Park North. However, these efforts were never completed. For several years, the Town has sought the consolidation of these lands under one agency which would both oversee and maintain their preservation. The resulting area would be managed either by the Bureau of Land Management (BLM) and be designated as a national monument similar to the Ironwood National Monument, or by Saguaro National Park as a new unit. Additionally, a wilderness designation would prohibit the creation of new roads and would prohibit motorized or mechanized use, including bikes and off-road vehicles, on unofficial trails created by smugglers or recreational users. These actions would ensure the maintenance of a large amount of open space and natural preservation within the Town. PRESENT STATUS:. Currently, the Town leases the 2,399 acre Tortolita Preserve from the Arizona State Land Department and utilizes it for environmental and ecological preservation as well as a trail system open to the public. The Town seeks to incorporate its leased land into the larger Tortolita Fan, following which the entire area would be designated as a national monument or a national park either through federal authorizations and appropriations or via land trades involving lands yet to be identified. The entire area would then be maintained by the BLM or the National Park Service. Local preservation efforts have been frequently hamstrung by a provision of the Arizona Constitution that states that state trust lands must be disposed of at "highest and best use," which has been interpreted as the most money the land can get at auction. However, recent initiatives by the Arizona delegation, under the leadership of Congressman Raul Grijalva in his role as chairman of the House Subcommittee on National Parks, Forests and Public Lands, have brought attention to the expansion and preservation of Saguaro National Park and the Santa Cruz Valley heritage area. SPECIFIC REOUEST: The Town of Marana is requesting support to designate the Tortolita Fan and Preserve as a wilderness area, thus enabling ecological and environmental preservation of the area and facilitating improved management under one authority. Federal appropriations and authorizations would be necessary to do this, and/or a series of land trades would need to take place. This issue remains of high priority for the Town of Marana and Pima County for the reason of preserving open space and improving the area's quality of life. Construction of a Federal Contract Control Tower at the Marana Regional Airport BACKGROUND: The Federal Aviation Administration (FAA) began the Federal Contract Tower (FCT) program in 1982. The program allows the FAA to contract air traffic control services to the private sector at certain qualifying airports, improving safety and significantly reducing costs to the FAA. A total of 239 airports nationwide are participating in the program as of Jan. 1, 2008. Airport managers note that government budget constraints could force the closure of many of these facilities if they were not part of the FAA Contract Tower Program. In 2006, the Marana Regional Airport, owned and operated by the Town of Marana, was notified by the FAA of its eligibility to participate in the FCT program, despite the fact that it does not currently have a tower. The FAA has placed the Marana Regional Airport on the FCT program candidate list; the airport will be able to receive federal funding for the operation of a tower once one is designed and constructed. PRESENT STATUS: The Town of Marana needs to obtain funding for the construction of an air traffic control tower at the Marana Regional Airport. The FAA recently awarded the Town $450,000 of federal funding design and construction of the tower. It was estimated that the total cost of the project will be approximately $4 million. However, due to commitments received after the award of the federal grant, an additional $500,000 is now needed for project design. The main funding mechanism for construction of new air traffic control towers for airports similar to the Marana Regional Airport is via an earmark in the U.S. Department of Transportation's Appropriations Bill under the "FAA Air Traffic Control Facilities and Equipment" line item. The Town is currently in the process of seeking this additional funding to begin work on the project. SPECIFIC REOUEST: The Town of Marana requests the Arizona delegation's support for an earmark made to the House Appropriations Committee in the final version of the current year Department of Transportation Appropriations Bill. The Town would then be able to proceed with the construction of the tower and be made eligible for the full benefits of the FCT program. Preservation of Funding to Implement Habitat Conservation Plans (HCP1s) BACKGROUND: The Cooperative Endangered Species Conservation Fund is authorized under Section 6 of the Endangered Species Act and provides grants to states and territories to support participation in a wide array of voluntary conservation projects for species on the federal list of threatened and endangered species, as well as for species that are either candidates or have been proposed for listing. This funding source provides fiscal resources to states and territories to support the development of Habitat Conservation Plans (HCP's). The purpose of an HCP is to ensure adequate protection for threatened and endangered species, while at the same time providing for economic growth and development. These grants provide support for baseline surveys and inventories, document preparation, outreach, and similar planning activities. These grants support the states' efforts to build partnerships with local communities and concerned citizens to conserve imperiled species. Congress awarded approximately $68 million in HCP grants in 2007 and it is expected that $80 million will be awarded in 2008. The conservation actions of an HCP can also work at an ecosystem or landscape level. This approach is being used increasingly with the development and completion of regional and multi- species HCPs. This type of HCP encourages local governments to look beyond Endangered Species Act requirements and take a landscape view of planning for their communities. PRESENT STATUS: ' The Town is currently working on producing the final draft of a multi- species HCP. The plan calls for the annexation of 21,500 acres of State Trust lands along the Tortolita Fan and participate in regional restoration projects along the Santa Cruz Corridor. To see this project and others succeed, the Town needs more federal dollars to go into HCP's. There are many ongoing items that need to be addressed such as monitoring, adaptive management, and future surveys. Additionally, the Town is looking for ways to review new developments, fund studies, implement invasive species programs, and provide necessary reports to the U.S. Fish and Wildlife Service and the Arizona Game and Fish Department. This HCP also includes regional economic objectives. This will include the orderly and efficient development of specific private and State Trust lands as well as proposed Capital Improvements Projects that will lead to roadway, infrastructure, utility, and park and trail improvements. SPECIFIC REQUEST: The Town urges Congress to continue funding grants to support Habitat Conservation Plans. Construction of a Northwest Reliability Reservoir Utilizing Central Arizona Project (CAP) Water BACKGROUND: As a relatively new municipality, the Town of Marana was uninvolved in many of the discussions of the early 1980's in which Central Arizona Project (CAP) water was allocated. Although the Town did incorporate in 1977, largely in an effort to protect existing water sources within the Town boundaries, water provision and reliability continues to be an issue of the highest priority for the Town as well as its neighboring water providers. To this end, the Town has engaged in cooperative efforts with the Town of Oro Valley Water, Flowing Wells Irrigation District, and the Metropolitan (Metro) Water District to research the possibility of a Northwest Area Water Reliability Storage and Treatment project. Combined, these "northwest entities" have rights to CAP water totaling 15,553 acre feet per year. The proposed project is located on West Tangerine Road adjacent to the CAP canal and will provide water treatment facilities for thirty million gallons of daily potable water production by means of slow sand filtration and reverse osmosis methods. Pumping facilities, a delivery system to the northwest area providers, and reject water disposal are also included in the overall project scope. The complete site is expected to utilize 153 acres of land, containing a reservoir "lake" approximately twenty five feet deep and holding 30,000 acre feet of water. The project will provide multiple benefits, including the provision of the aforementioned reservoir for both system reliability and recreational uses. The reservoir element is the only federally funded aspect of the entire project, an approved use of approximately $91 million allocated by the U.S. Bureau of Reclamation (BOR). Approximately $8 million of this allocation has been utilized by tribal authorities and the City of Tucson for investigation of the "Black Wash" area, leaving $83 million remaining for other approved uses. This remaining allocation, however, has yet to be appropriated at the federal level. The total cost of the reservoir "lake" itself is estimated at $42 million. Completion of the entire project is estimated to be in the vicinity of $257 million. PRESENT STATUS:, An updated cost study was completed in early 2007 confirming the estimated cost of $257 million for the entire project. The northwest entities have also completed a commissioned study of potential salt production as a result of water treatment efforts at the proposed facility, and are exploring options for salt disposal by means of halophytes (salt-tolerant plants). SPECIFIC REOUEST: The Town of Marana requests the Arizona delegation's support in appropriating the $83 million originally allocated for projects of this nature. This action would allow the Town and its partners to proceed with planning and development of at least certain elements of the project which is projected to begin in 2012. Beneficial Sale of Southern Arizona Water Rights Settlement Act (SAWRSA) Effluent BACKGROUND: The Arizona Water Settlements Act finalizes the Southern Arizona Water Settlements Act, which was first reached in 1982, and gives the Tohono 0'odharn Nation the rights to a total of 79,200 acre feet of water per year. This includes 13,200 acre feet per year of underground water, 37,800 acre feet per year of Central Arizona Project (CAP) Indian Priority Water, and 28,200 acre feet per year of new CAP non-Indian agricultural priority effluent. This water is to be guaranteed by the Secretary of the Interior each year. In accordance with section 305(d) of the Southern Arizona Water Rights Settlement Amendments Act of 2004, Title 111, the Secretary of the Interior must provide compensation to the tribe if the Secretary is unable to acquire and deliver sufficient quantities of water under section 304(a) and 306(a) of the SAWRSA Amendments. To date, the Tohono O'odham Nation has been willing to accept this compensation in place of the actual water. PRESENT STATUS:. Currently, the Secretary of the Interior receives credit from the Bureau of Reclamation (BOR) for approximately 30% of the effluent that is discharged into the Santa Cruz River through the Managed Recharge Credit Program. An entity earns credit for 50% of the water that is percolated using a managed recharge facility. Thus, if the Secretary of the Interior receives credit for approximately 30% of the water, then approximately 60% of the effluent discharged is percolating into the water table. This means that by these estimates, 40% of the effluent that is discharged into the Santa Cruz River does not percolate, does not generate credit for the Secretary, and instead drifts down the Santa Cruz River and into the Pinal Active Management Area (AMA). SPECIFIC REQUEST: The Town requests the federal legislature to require that the Secretary of the Interior offer for sale to other entities the effluent currently discharged into the Santa Cruz River. If the Secretary of the Interior were to sell the effluent, the federal government could receive full value of what was sold, and that effluent could then be used within the Tucson AMA either in the form of constructed recharge or direct agricultural use. This scenario would be much more efficient for the Secretary of the Interior and would result in nearly 100% of the effluent produced within the Tucson AMA to be used locally. N dp TOWN COUNCIL MEETING TOWN OF MARANA 9 MARANA 7 INFORMATION ??g I? MEETING DATE: January 22, 2008 AGENDA ITEM: J. 1 TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP, Planning Director SUBJECT: PUBLIC HEARING. Ordinance No. 2008.03: Relating to Development; approving and authorizing a rezoning for Gladden Farms Blocks 14,15, & 25. DISCUSSION Planninp- Commission Hearing A public hearing for this case was held during the December 19, 2007, Planning Commission meeting. During this meeting, no property owners or concerned citizens appeared before the Commission. The Planning Commission voted unanimously recommending approval to the Town Council. Summary of Application Rick Engineering on behalf of Gladden Forest L.L.C. is requesting a change in zoning for Blocks 14, 15, & 25 consisting of approximately 54.2 acres within the Gladden Farms development. The Blocks are located to the south of Tangerine Farms Road, north of the Santa Cruz River, and east of Gladden Farms Drive. Rezoning Request The rezoning would convert 19.7 acres in Block 14 from VC (Village Commercial) and 14.9 acres in Block 15 from R-8 (Single Family Residential 8,000 square foot minimum lot size) to R- 3.5 (Single Family Residential 3,500 square foot minimum lot size), and approximately 19.6 acres in Block 25 from R-8 to VC. Rezoning Blocks 14 and 15 to R-3.5 will allow smaller lot detached residential units near the Heritage Park and elementary school site, while moving the existing commercial property away from the school site. The Concept Plan for Blocks 14 and 15 proposes two access points to the neighborhood along Tangerine Farms Road that will provide entrance to a gated community with private streets. Currently, 164 residential lots are proposed. Amenities will include a tot lot, recreation building with a pool and associated parking. Currently the two commercial blocks in Gladden Farms are more than a quarter of a mile apart. Rezoning Block 25 to VC will cluster the commercial and retail activities to one area for the Gladden Farms Development. The proposed development for Block 25 will include nine buildings with three accesses along Tangerine Farms Road and one point of access at the Tangerine Farms and Lon Adams road intersection. Possible uses for the site are a drug store, bank, convenience store, auto service station, retail suites, day care, office building, and restaurants. PCZ-07116 Gladden Farms Blks 14,15, &25 RezoneTC.doc Marana General Plan The subject properties are designated as Medium Density Residential (MDR) per the Marana General Plan. The MDR category is intended to be characterized by single-family detached housing; (3-6) residents per acre (RAQ. Blocks 14 and 15 are proposed to be developed with 164 units; which amounts to approximately 4.7 RAC. Commercial uses are also considered appropriate in the MDR land use designation. The proposed "R-3.5" and "VC" zoning districts would be consistent with the MDR designation of the General Plan. Infrastructure The proposed developments will connect to the sewer line by a 16-inch water transmission main to be constructed within the Tangerine Farms Road Right-of-Way. The potable water will be provided by Marana Water. A water service agreement will be required. Non potable water lines will be installed. Other utilities are currently available to the sites. Public Notification A public notice for the hearing was published in the newspaper as well as posted at various locations around the Town. In addition, public hearing notification letters were sent to all owners of properties within 300 feet of the site. A formal neighborhood meeting was held on December 4, 2007. To date, staff has not received any calls or letters from residents with concerns. Waiver of Potential Arizona Property Ri2hts Protection Act Compensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of this ordinance, staff requires the applicant waive any rights to compensation for diminution in value by execution and recordation of the attached waiver instrument: the Consent to Conditions as a result of changes in the land use laws that apply to the rezoning areas resulting from the approval of this zoning. If the applicant doesn't forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENTS Application, location map, and site analysis with a tentative development plan. RECOMMENDATION Staff recommends approval of the Gladden Farms Blocks 14, 15, and 25 rezoning, subject to the recommended conditions. Staff has reviewed the application for compliance with the Marana Land Development Code and the Marana General Plan. This rezoning is in conformance with all required development regulations. PCZ-07116 Gladden Fanns Blks 14,15, &25 RezoneMdoc RECOMMENDED CONDITIONS OF APPROVAL I . Compliance with all provisions of Towns Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. A water service agreement is required with the Town of Marana prior to approval of water plans and prior to approval of the development plan. SUGGESTED MOTION I move to adopt Ordinance No. 2008.03. PCZ-07116 Gladden Farms Blks 14,15, &25 RezoneTC.doe MARANA ORDINANCE NO. 2008.03 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR GLADDEN FARMS BLOCKS 14,15, & 25. WHEREAS, Gladden Forest L.L.C. is the property owner of approximately 54.2 acres located to the south of Tangerine Farms Road, north of the Santa Cruz River, and east of Gladden Farms Drive within a portion of Section 34 Township 11 South, Range 11 East; and, WHEREAS, the subject property consists of Blocks 14 and 15 created by the Gladden Farms Block 13, 14, and 15 Final Plat, Book 59, Page 3 1, and Block 25 as created by the Gladden Farms Block Plat, Book 55, Page 60. WHEREAS, the Marana Planning Commission held a public hearing on December 19,2007, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held January 22, 2008, and has determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The rezoning of approximately 54.2 acres of land as described below is located to the south of Tangerine Farms Road, north of the Santa Cruz River, and east of Gladden Fanns Drive complies with the General Plan. Section 2. The rezoning area is hereby changed from VC (Village Commercial) to R-3.5 (Single Family Residential, 3,500 square foot minimum lot size) on 19.7 acres in Block 14, R-8 (Single Family Residential, 8,000 square foot minimum lot size) to R-3.5 (Single Family Residential, 3,500 square foot minimum lot size) on 14.9 acres in Block 15, and R- 8 (Single Family Residential, 8,000 square foot minimum lot size) to VC (Village Commercial) on 19.6 acres in Block 25 located to the south of Tangerine Farms Road, north of the Santa Cruz River, and east of Gladden Farms Drive Section 3. This rezoning is subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): Compliance with all provisions of Towns Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. Page I of 2 A water service agreement is required with the Town of Marana prior to approval of water plans and prior to approval of the development plan. Section 4. This Ordinance shall be treated as having been adopted and the 30-day referendum period established by Arizona Revised Statutes section ("A.R.S. §") 19-142(D) shall begin when the Town files with the county recorder an instrument (in a form acceptable to the Town Attorney), executed by the Developer and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. Section 5. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, as of the effective date of Ordinance No. 2008.03. Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 22 nd day of January, 2008. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Page 2 of 2 TOWN OF MARANA Planning Department MARANA 1555 W. Civic Center Dr. Marana AZ 85653 (520) 382-2600 Fax: (520) 382-2639 PLANNING & ZONING APPLICATION 7! • Preliminary Plat o General Plan Amendment • Final Plat o Specific Plan Amendment • Developmeni Plan 9( Rezone/Specific Plan • Landscape Plan o Significant Land Use Change • Native Plant Permit o Minor Land Division • Variance • Conditional Use Permit o Other J M Assessor's Parcel Number(s) 217-b3-8060, ;A?- J-1-8070. General Plan Designation Med. Den. Residential ? 217-53-0390, - 3-040B (To be conrinned by staff) Corridor Commerce- Gross Area (Acre/Sq. Ft.) 54 370 15 AC 2 108 SF Current Zoning VC-Block 14. R-8-Block , . 5 (To be confinned by staff) I R-8-Block 25 Development/Project Name Gladden Farms Blks 14115.2 Proposed Zoning ) H-3.b for Blks 14/15 Vr for R1k 25 Project Location Gladden Farms - Description of Project Sinqle Family Residential (Blks 14/15) & Commercial (Blk 25) Property Owner Forest City Southwest Street Address 333 East Wetmore Road, Suite 25G city State Zip Code Phone Number Fax Number -Mail Address I Uarms ti"& Tucson AZ 85705 888-3962 888-3198 I . fere - Com Contact Person Phone Number James Gaulin 51% L Applicant Same as Property Owner Street Address Same as roperty Owner city State Zip Code Phone Number Fax Number Mail Address Contact Person Phone Number Agent/Representative R-i-r-L-Elldneering Company. Inc- Street Address 1745 East River Road. Suite 101 city State Zip Code Phone Number Fax Number E-Mail Ad h t ebs Tucson---- AZ 85718 795-1000 322-6956 m romat al irickengineerinq.q Contact Person I Town of Marana Mirela Hromatka Business License No. 3. 1, the undersigned, certify that all ofthe facts set forth in this application are true to the best ofmy knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. Qfnotownerof record, attack written authorization from the owner.) Cp i /0-5/--07 Mire a Hromatka Print Name of Applicant/Agent Signature Date 15 Dffl X:\SHARED FILES\Review Checklist\Application.doc May 2005 Gladden Farms Blocks 147 15 & 25 Rezoning CASE NO. PCZ-07116 REQUEST A rezoninq of Blocks 14, 15 and 25 of the Gladden Farms Development. The Gladden Farms Blocks 14, 15 and 25 exhibit is on file and available for viewing from 8:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town Clerk, 115 5 5 W. Civic Center Drive, Marana, A-Z 85653. 0- N TOWN COUNCIL MEETING TOWN OF MARANA 9 MAR"ANA 7 INFORMATION Izo MEETING DATE: January 22, 2008 AGENDAITEM: J. 2. a TO: MAYORAND COUNCIL FROM: Jane Fairall, Deputy Town Attorney Keith Brann, P.E., Town Engineer/Assistant Director of Public Works SUBJECT: Ordinance No. 2008-04: Relating to Traffic; regulating construc- tion in town rights-of-way; establishing a permit process; provid- ing penalties for violation; amending Title 12 of the Marana Town Code by renaming Title 12; adding Chapter 12-7; renumbering existing Chapter 12-7; and declaring an emergency. DISCUSSION This agenda item was heard in a study session on January 8, 2008, and Council directed staff to bring it back for adoption at this meeting. Two minor modifications have been made. Section 12-7-9(D) has been modified to require an applicant to guarantee pavement cuts in new pave- ment until either the pavement is five years old or the cut is one year old, whichever is a longer period of time. Section 12-7-5(B)(6) has been modified to require applicants to post cash assur- ances for work in the right-of-way, with a specific provision that third party trust forms of assur- ance are not acceptable. In September 1991, the Town Council adopted Ordinance No. 91.21 (attached). The ordinance regulated construction in town rights-of-way through two separate sets of regulations: one set for construction of public improvements in Town rights-of-way and one set for routine utility service connections and maintenance in town rights-of-way. Ordinance No. 91.21 remains in effect; however, it was never codified and thus, does not appear in the Town Code. More re- cently, the Public Works Department adopted an addendum to Ordinance 91.21 (attached) which prescribed rules to be applied to roadway pavement cuts for pavement that is five years old or less. Approximately one year ago, town staff, including members of the Public Works Department, Construction Management Division and Development Engineering Division, as well as the Legal Department, began a review of Ordinance No. 91.21. The attached proposed ordinance com- bines the two separate sets of regulations of Ordinance No. 91.21 into one comprehensive ordi- nance. The proposed ordinance also includes the regulations set forth in the addendum adopted by the Public Works Department. Adoption of the proposed ordinance would serve to repeal Or- dinance No. 91.21 to the extent it is inconsistent with the new proposal. Moreover, the new or- dinance would be included in Title 12 of the Town Code. (00007526.DOCI) JF 1110108 The proposed ordinance requires all persons, contractors, utility companies, etc. to obtain a per- mit from the town prior to doing any construction or other work in the town's rights-of-ways. The permit requirement extends to all parties and all work, except for work done for Town pur- poses, using town personnel and equipment. The ordinance sets forth the permit process, all construction requirements and all inspection requirements in great detail. Many of these provi- sions are substantially similar to the provisions in Ordinance No. 91.21, but vague language has been replaced with more specific language and procedures have been brought into conformity with actual practices of the town. Staff is proposing one major change to the ordinance. Currently, a violation of Ordinance No. 91.21 is a criminal offense, specifically a class I misdemeanor, punishable by a sentence of up to six months in jail, a $2500 fine and three years of probation. The proposed ordinance would make a violation a civil infraction, punishable by a fine established by the Council through adop- tion of the development services fee schedule. The most current fee schedule was adopted by Ordinance No. 2006.07 on April 4, 2006 and calls for a $1,500 fine for violations of the right-of- way ordinance. Staff proposes this change to better facilitate enforcement of the ordinance. The town's right-of-way and construction inspectors are authorized to cite for civil violations only; any criminal offenses must be cited by the Police or the Town Prosecutor's Office. Changing the violation to a civil offense will allow the people who have the most knowledge of the require- ments of the ordinance, the inspectors, to issue citations in the field which will in turn lead to more accountability for offenders. ATTACHMENTS 1. Ordinance No. 2008.04 2. Ordinance No. 91.21 3. Roadway Moratorium Policies-Addendum to Ordinance 91.21 FINANCIAL IMPACT None REQUESTED ACTION Staff recommends adoption of Ordinance No. 2008.04, amending the Town Code to codify regu- lations regarding construction in town rights-of-way. SUGGESTED MOTION I move to adopt Ordinance No. 2008.04. (00007526.DOCI) -2- JF 111"8 MARANA ORDINANCE NO. 2008.04 RELATING TO TRAFFIC; REGULATING CONSTRUCTION IN TOWN RIGHTS-OF-WAY; ESTABLISHING A PERMIT PROCESS; PROVIDING PENALITES FOR VIOLATION; AMENDING TITLE 12 OF THE MARANA TOWN CODE BY RENAMING TITLE 12; ADDING CHAPTER 12-7; RENUMBERING EXISTING CHAPTER 12-7; AND DECLARING AN EMERGENCY. WHEREAS the Town Council adopted Ordinance No. 91.21, Regulations for Construc- tion of Public Improvements in Town Rights-of-Way and Regulations for Routine Utility Con- nections and Maintenance in Town Rights-of-Way, which was never repealed and was. not previ- ously codified in the Town Code; and WHEREAS the Town Council finds that revision of the regulations for construction in Town rights-of-way as set forth in this ordinance is in the best interests of the Town and its resi- dents; and WHEREAS the continued use of the Town rights-of-way is necessary and beneficial to the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The title of Marana Town Code Title 12 is hereby renamed "Traffic and Highways." SECTION 2. Title 12 of the Marana Town Code is hereby revised by renumbering exist- ing Chapter 12-7 as Chapter 12-8 and by adding new Chapter 12-7, as follows: Chapter 12-7 CONSTRUCTION IN TOWN RIGHTS-OF-WAY Section 12-7-1 Definitions A. The following definitions shall apply throughout this chapter unless the context clearly indicates otherwise. 1. "Applicant" means the owner of the firm, utility company or corporation whose facilities or equipment are the subject of the right-of-way permit ap- plication. 2. "Contractor" means the party doing the work. 3. "Emergency" means any condition which poses an immediate or imminent hazard to people or property. [00002903. DOC / 7) JF 1110108 4. "Public improvement" includes, but is not limited to, grading, paving, and landscaping, as well as the construction of curbs, gutters, drainage facili- ties, sidewalks, paths, trails, irrigation, walls, driveways and berms. 5. "Right-of-way" means alleys, streets, thoroughfares, drainageways and drainage easements dedicated to the town or to the public and other ease- ments dedicated to the public. 6. "Town engineer" means the town engineer or the town engineer's author- ized representative. Section 12-7-2 Authority of town engineer The town engineer is appointed the duly authorized representative of the town, with full power and authority to authorize on behalf of the town and to supervise the use of the public rights-of-way of the town. Section 12-7-3 Permit required; exception A. Any person, contractor, firm, utility company or corporation desiring to dig any hole, drain, trench or ditch in any public right-of-way or desiring to construct, remove or change any public improvement in any public right-of-way, or desir- ing to cut, trench, pothole or excavate any public right-of-way, or desiring to use any public right-of-way for traffic control, construction haul routes, land- scape maintenance, maintenance of underground facilities or temporary park- ing shall first apply for and obtain a permit from the town engineer. B. A permit is not required for work done for municipal purposes, using town per- sonnel and equipment. Section 12-7-4 Applicability This chapter applies to all construction performed in town rights-of-way, as well as all other uses listed under section 12-7-3(A), including, but not limited to, the following: A. Routine service connections and maintenance work. B. Installation of utility distribution or collection systems and communications systems. C. Work done by other governmental agencies and by public utilities. D. Work done for private development projects. E. Private homeowner encroachment in the right-of-way. Section 12-7-5 Permit process A. Application forms for permits required by this chapter shall be obtained from the town. Completed applications, accompanied by payment of all applicable permit fees, shall be submitted either by mail or in person to the town engi- neer. B. Before issuance of any permit, each applicant will be required to do all of the following: 1. Provide evidence of the applicant's right to use the public right-of-way, typi- cally by obtaining a town right-of-way license or franchise. 2. Furnish insurance in a form satisfactory to the town, indemnifying, defend- ing and holding harmless the town, its officers, departments, employees {00002903.DOC / 7) -2- JF 1110108 and agents from and against any and all suits, actions, legal or administra- tive proceedings, claims, demands or damages of any kind or nature, aris- ing out of the work under the permit, which are attributed to any act or omission of the applicant, its agents, employees or anyone acting under its direction, control or on its behalf. 3. Provide evidence that the contractor possesses an appropriate contractor's license issued by the Arizona registrar of contractors. 4. Submit a signed and approved contract showing the cost of the work, or submit a verifiable professional construction cost estimate. 5. Submit plans of the subject location and adjacent properties that a. Show existing surface conditions, including pavement, curbs, driveways, sidewalks, and landscaping; and b. Show existing underground installations, if applicable; and c. Diagram the work to be performed. 6. Post bonds or other cash forms of assurance with the town to ensure com- pletion of the proposed work. Third party trust forms of assurance are not acceptable for work in the public right-of-way. 7. Obtain a business license from the town as required by chapter 9-1 of this code. C. Projects which are to be self-certified under section 12-7-1 O(C) require a com- pleted agreement for construction of public improvements before a permit will be issued. Necessary forms are available from the town engineer. D. Completed applications will be reviewed by the town engineer. The town en- gineer shall issue the permit when all of the following have occurred: 1 . The town engineer finds that the proposed construction does not interfere with the safety of the traveling public or the authorized public use of the right-of-way and does not otherwise interfere with the general health, safety and welfare of the citizens of the town. 2. The town engineer finds that the proposed construction does not interfere with and is not inconsistent with a current or future community improve- ment project (CIP). 3. The town engineer has approved the application, including all plans and specifications for the proposed construction. 4. All applicable permit fees have been paid by the applicant. 5. The applicant has obtained an air quality permit, if required. 6. The applicant has submitted a traffic control plan that is approved by the town engineer. Section 12-7-6 Emergency work When, in an emergency, it is impractical to obtain a permit before work is begun, the applicant shall make a diligent effort to telephone the town engineer prior to commencement of work. Emergency work shall be halted upon issuance of a stop work order by the town engineer. A permit shall be applied for, under the same procedures set forth in section 12-7-5, within two business days of com- mencing emergency work. {00002903.DOC / 71 -3- JF 1110108 Section 12-7-7 No warranty of title By this section, applicants are placed on notice that the town may not own the particular property or property rights for which the permit is issued. Applicants assume all liability resulting from any defect to the title of the land and no war- ranty of title to the underlying land is expressed or implied. Section 12-7-8 Construction requirements A. The applicant shall notify the town engineer of the proposed start date of the work and shall schedule and complete a pre-construction meeting with the town's right-of-way inspector at least two full work days before starting work. B. Unless otherwise expressly approved in writing by the town engineer, all work shall conform to the following: 1. The 2003 edition of the Pima county/city of Tucson standard specifications and details for public improvements. 2. Other specifications, details or regulations approved by the town engineer or adopted by the town, including all conditions listed in the permit. 3. All requirements of this chapter. C. The applicant shall be responsible for verifying the location of all underground utilities in accordance with the "blue stake" provisions of state law, A.R.S. § 40-360.21 et seq., prior to the commencement of any excavation and shall protect any utilities from damage. All town property shall be returned sub- stantially to its original condition. The applicant shall be held responsible for any damage to, and for maintenance and protection of, existing utilities and structures. D. Unless otherwise stipulated to in the permit, all pavement resurfacing after excavation shall be completed by the applicant. During construction, the site must be secured in a manner acceptable to the town whenever work is dis- continued and construction staff is not on site. Permanent pavement repairs shall be completed within 30 working days after backfilling the trench. E. If the applicant fails to secure the site, or if the permanent pavement repair is not performed within 30 working days after backfilling the trench and an ex- tension has not been granted by the town engineer, the town engineer may select a contractor to perform all necessary work at the applicant's expense. F The applicant shall be responsible for restoration of all permanent traffic- control devices including, but not limited to, all pavement markings, signs and signals. The restoration of traffic-control devices may be accomplished by the applicant or, at the request of the applicant, by the town. In either case, the restoration shall be completed at the applicant's expense. All traffic control devices shall be approved by the town engineer prior to installation. G. The applicant shall not allow any condition to exist during the project which would be a hazard or source of danger to the traveling public. If the work pre- sents or becomes a hazard or source of danger to the traveling public, the town may take immediate corrective action and bill the applicant for the full cost incurred for the corrective action. H. Completed excavation, backfill, and pavement repair shall be guaranteed free of defect by the applicant for a period of one year after closeout of permit or approval by the council, whichever occurs later. (00002903.DOC / 7) -4- JF 1110108 1. The town engineer shall be notified by the applicant before backfilling and upon completion of the work. If the applicant is not working under self- certification as provided in 12-7-1 O(C) and (D), the applicant shall not proceed with pavement replacement until the backfill has been approved. J. If the applicant does not repair the road and right-of-way to the specifications of the town engineer, the town shall notify the applicant of any deficiencies and the applicant shall have 20 working days to repair the deficiencies to the specifications of the town engineer. By acceptance of a permit, the applicant agrees to be responsible for all costs of the repair, if any. If a lawsuit is filed, the applicant, by acceptance of a permit, agrees to be responsible for all costs of collection including, but not limited to, court costs and attorneys' fees. K. The applicant shall adequately barricade its work in accordance with the latest edition of the federal highway safety administration's manual on uniform traffic control devices and shall install sufficient warning lights and signs to protect the public. Not more than one direction of travel may be blocked at any one time, unless specifically allowed due to extenuating circumstances. The appli- cant shall submit a traffic control plan to the town engineer and obtain ap- proval before closing or barricading any street or public right-of-way. L. If the applicant performs work not authorized by the permit or under the provi- sions for emergency repairs, the town shall notify the applicant of the unau- thorized work. The notification from the town will indicate whether the town requires removal of the work. If the town requires removal of the work, the applicant shall be responsible for the removal within 15 working days of the notification. If the applicant does not remove the unauthorized work, the town may have the work removed by a competent contractor at the applicant's ex- pense. M. Where work is performed in a drainageway, drainage easement or desig- nated floodplain area, the applicant shall not at any time obstruct or diminish in any manner the ability of the drainageway, drainage easement or desig- nated floodplain area to convey or pass stormwater. Prior to any work within a drainageway, drainage easement or designated floodplain area, the applicant shall obtain written authorization from the town engineer and a floodplain use permit as required by title 21 of the land development code. Section 12-7-9 Newly constructed asphalt pavements In addition to the requirements set forth in section 12-7-8, on newly constructed asphalt pavements, five years old or less, as verified by the town engineer, the following additional regulations apply: A. If sufficient right-of-way is available, directional bore shall be used in lieu of open trench. This shall include the removal and replacement of sidewalk to achieve working room for bore pits. B. No open pavement cuts shall occur without the permission of the town engi- neer, except in an emergency. C. The applicant shall submit a letter to the town engineer assuring that all other methods of construction have been reviewed and are impractical. D. The applicant shall guarantee the cut until the pavement is five years old or for one year, whichever period is longer. {00002903.DOC / 71 -5- JF 1110108 E. Pavement repairs shall be a minimum of 50 feet asphalt replacement with a 15 degree skew, centered on the trench, unless the repair cannot be accom- plished by this method and the town engineer approves an alternate method. Section 12-7-10 Inspection of work A. All work is subject to inspection and ultimate approval by the town engineer. Total inspection may be provided by the town as set forth in this section, or the applicant may follow the self-certification processes outlined in this sec- tion. B. Town inspection shall include, but is not limited to, the following procedures and requirements: 1. The town engineer will set up a schedule of notifications from the applicant at various stages of the work for inspection and approval. 2. The applicant shall be responsible for staking line and grade, subject to re- view by the town engineer. 3. Any required testing and/or inspection designated by the permit or required by the town engineer shall be at the expense of the applicant. 4. If applicable, the applicant shall be required to furnish evidence, acceptable to the town engineer, that the required compaction density has been ob- tained. This evidence shall be in the form of tests and certification from a certified testing laboratory or from any engineering technician certified by either the national institute for certification in engineering technologies at level 11 or higher or by the Arizona technical training institute field techni- cian level or from any registered professional civil or geological engineer. The location of the test shall be clearly shown on the report from the appli- cant. The test report shall be submitted within 30 working days after tests are taken. 5. At the conclusion of the work, the town engineer shall conduct a final in- spection and receive test reports, if any. When the project is satisfactorily completed and approved, the applicant will be notified. C. The self-certification process for inspection shall include the following proce- dures and requirements: 1 . The applicant shall choose an engineer of record, acceptable to the town engineer, to be responsible for the major inspection of the project. 2. An agreement for construction of public improvements shall be signed by the applicant, the engineer of record, and the town engineer. This contract shall detail the responsibilities of the engineer of record for the work. 3. The town engineer shall maintain oversight of the project, shall perform fi- nal inspections, and shall approve the project when all requirements have been satisfactorily completed. D. The self-certification process for inspection for utilities shall include the follow- ing procedures and requirements: 1. The applicant shall file a letter with the town engineer indicating that the utility is authorized by the Arizona corporation commission to work within the public rights-of-way, is a permanent presence in the community, and will react promptly to a request from the town engineer to correct any defi- ciencies resulting from work done under a permit. (00002903.DOC / 7) -6- JF 1110108 2. The applicant shall insure that, at all times when work is underway at the site, a responsible person shall be present who, by reason of experience and knowledge, is qualified to judge the quality of the work being per- formed. 3. The applicant shall provide records of test results performed by a labora- tory approved by the town engineer or by a technician certified by the na- tional institute for certification in engineering technologies or the Arizona technical training institute to show that standards of materials, density, and pavement replacement have been met. E. If the work performed under the permit or in an emergency fails to pass final inspection, the applicant shall remove or replace the work within such time as specified by written notice from the town engineer. If any material used by the applicant in replacing or reconstructing any part of the work, or if any work- manship performed under the permit, proves defective, the applicant shall re- place the work as specified by the town engineer. Section 12-7-11 Permit expiration A. A permit shall expire if work is not started within 30 days of issuance or if not satisfactorily completed within ten days after the stated completion date. If a permit has expired, a new permit must be applied for, paid for and issued be- fore beginning or completing construction. B. Permits shall be issued for a period of no more than one year. A one-time ex- tension of no more than six months may be obtained upon application and showing of cause for the delay. Section 12-7-12 Fees; late fees A. Fees for permits required by this chapter, as well as fines applied to the appli- cant due to violations of the permit requirements, shall be set forth by a fee schedule approved by the council and amended from time to time. A copy of the fee schedule is on file in the town engineer's office. B. Permits obtained after work has started, other than work performed under section 12-7-6, shall cost double the normal permit fee. Paying a double per- mit fee does not waive any other applicable penalties or violation fees for vio- lation of this chapter. C. Permits obtained under section 12-7-6 are also subject to double permit fees if the permit application is not filed within two business days of commencing emergency work. Section 12-7-13 Violation; penalties A. A violation of this chapter is a civil infraction. B. Any person found responsible for violating this chapter shall be fined in the amount specified as the violation fee in the fee schedule referred to in section 12-7-12. C. Any person violating the provisions of this chapter shall be responsible for a separate offense for each and every day or portion of a day during which any violation of this chapter is committed or permitted. D. In addition to any other penalties allowed by law, the magistrate shall order abatement as necessary. {00002903. DOC / 7) -7- JF 1110108 SECTION 3. The adoption of this ordinance shall have the effect of repealing ordinance 91.21 to the extent that it is inconsistent with this ordinance, provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 4. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- ately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 22 "d day of January, 2008. Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney ATTEST: Jocelyn C. Bronson, Town Clerk f 00002903. DOC / 7) -8- JF 1110108 ORDINANCE NO. 91.21 AN ORDINANCE RESCINDING ORDINANCE 88.03 STREET EXCAVATIONS AND RIGHT-OF-WAY IMPROVEMENT REGULATIONS AND ADOPTING REGULATIONS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN TOWN RIGHTS-OF-WAY AND REGULATIONS FOR ROUTINE UTILITY CONNECTIONS AND MAINTENANCE IN TOWN RIGHTS-OF-WAY WHEREAS, THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA had adopted certain ordinance 88.03 for STREET EXCAVATIONS AND RIGHT- OF-WAY IMPROVEMENT REGULATIONS, and, WHEREAS, THE TOWN COUNCIL deems it necessary to rescind the aforementioned Ordinance 88.03 for a more comprehensive and responsive pair of regulations, one-for-public improvements in rights-of-way and one for routine utility service connections, and, WHEREAS, the continued use of the Town rights-of-way is necessary and beneficial to the citizens of the Town of Marana. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA that Ordinance 88.03 is hereby rescinded and that the REGULATIONS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN TOWN RIGHTS-OF-WAY and the REGULATIONS FOR ROUTINE UTILITY SERVICE CONNECTIONS AND MAINTENANCE IN TOWN RIGHTS-OF-WAY, as approved by the Marana Town Council on the 17th day of September, 1991, be and the same are hereby adopted by this ordinance as the Town's formal regulations for public improvements in riqhts-of- way and for routine utility service connections and maintenance in rights-of-way. WHEREAS, the immediate operation of this ordinance is neces- sary for the preservation of the public peace, health, and safety of the Town of Marana, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage, adoption, and approval by the Town Council of the Town of Marana. PASSED AND ADOPTED by the Town Council of the Town of Mara- na, Arizona this 17th day of September, 1991. at-s-, )-;,7. ?E5?_ MAYOR Ammvcm- TOWN OF MARANA REGULATIONS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN TOWN RIGHTS-OF-WAY (OTHER THAN ROUTINE UTILITY SERVICE CONNECTIONS AND MAINTENANCE) SECTION 1: PERMIT REQUIRED Public Improvements shall not be constructed in any street, alley, drainageway, public easement, any other right-of- way dedicated to the Town of Marana or to the public, nor on Town of Marana property without an appropriate permit having been - issued,by the Town. Any improvement constructed with the expection that it will be accepted by the Town of Marana, is subject to this ordinance, shall be considered a "Public Improvement", and shall require a permit for its construction. Public improvements for the purpose of this code shall include, but are not necessarily limited to, grading, paving, curbs, gutters, drainage facilities, sidewalks, paths, trails, landscap- ing, irrigation, walls, and berms. Utility distribution or collection systems and communications systems installed in public rights-of-way or in property to be dedicated to the Town of Marana are equally subject to the provi- sions of this code. Routine maintenance and service connections are not included in these regulations. SECTION 2. EXCEPTIONS TO PERMIT REQUIREMENTS Section 1 shall not apply in the following cases: A. When work is done for municipal purposes by Town person- nel and equipment. B. when repair or maintenance work is performed under a contract administered by the Town. C. When, in an emergency, it is impractical to obtain a permit before work is begun. The Town Police Department shall be mmediately notified, and a permit shall be applied for within two business days. SECTION 3: APPLICATION FORMS Applications for construction of public improvements shall be made on forms available from either the Town Clerk or the Town Engineer. i Completed applications, accompanied by payment to the Town of the permit fee, may be submitted either by mail or in person to the Town Engineer. Completed applications will not be accepted until the con- struction plans and specifications have been reviewed and ap- proved by the Town Engineer. SECTION 4. FEES The fee for a permit to construct public improvements shall be set by resolution of the Town Council from time to time. The most current such resolution shall be a part of these regula- tions. Permits obtained after work has started, other than work ..performed under Section 2C above, shall-cost double the normal fee, but paying a double fee does not waive other penalties under these regulations. Permits obtained under Section 2C above, are also subject to double charge if the application is not filed within two business days. SECTION 5: CONDITIONS FOR OBTAINING A PERMIT Each applicant and/or his agent and/or contractor doing the work will be required, before issuance of the permit, to: A. Furnish bond or insurance to hold the Town harmless and/or free of liability arising out of said work; and B. Provide evidence that he is competent and equipped to do the proposed work; and C. Submit a signed and approved contract showing the cost of the work, or submit a verifiable professional construction cost estimate; and D. Post assurances with the Town to insure completion of the projected work; and E. Have received from the Town Engineer approval of plans and specifications for the proposed construction. SECTION 6: CONFORMANCE To RULES AND REGULATIONS A. All work, unless otherwise expressly approved on the approved plans and specifications or in writing by the Town Engineer, shall conform to the Pima County/city of Tucson Stand- ard Specifications and Details for Public Improvements and ahy other written Town regulations or standards. B. Projects which are to be self-certified (see Section 7) require a completed Agreement For Inspection of Public improve- 2 ments, before a permit will be issued. Necessary forms are avail- able from the Town Clerk or the Town Engineer. c. Completed application forms shall be reviewed by the Town Engineer, who shall also assess the permit fee. Payment shall be made to the Town of Marana. D. Permits shall be issued for a period of no more than one year. A one-time extension of no more,than six-months may be obtained upon application and showing of cause for the delay. When work on the project is not satisfactorily completed before the expiration date, a new permit may be obtained follow- ing a new application and payment of another fee. E. Before beginning work, the applicant shall also obtain an Air Quality Permit from the Pima Cdunty Department of Environmental Quality, if such a permit is required by Pima county regulations. SECTION 7: PROSECUTION AND INSPECTION OF THE WORK A. The applicant shall notify the Town Engineer of proposed start of work at least two full work days in advance. B. All work is subject to inspection and ultimate approval by the Town Engineer or his representative. Total inspection may be provided by the Town in accordance with the provisions below, or the self-certification process may be followed as outlined herein. C. Town inspection shall include the following procedure and requirements: 1. The Town Engineer will set up a schedule of notifications from the contractor, at various stages of the work, for statutory inspection and approval. 2. The contractor or owner is responsible for staking line and grade, subject to review by the Town Engineer. 3. The contractor/owner will pay for routine tests required by the specifications and for any additional tests Palled for by the Town Engineer. 4. At conclusion of the work, the Town Engineer will conduct a"-final inspection and receive test reports. When the project is satisfactorily completed and approved, the contractor/applicant will be so notified. D. The self-certification process for inspection will in- clude the following procedure and requirements: 1. The owner, in addition to choosing a contractor, shall choose an engineer of record, acceptable to the Town Engineer, to be responsible for the major inspection of the project. 3 2. An Agreement For Inspection of Public Improvements shall be signed by the owner, the contractor, the engineer-of-recard, and the Town. This contract details the responsibilities of the engineer-of-record for the work. 3. The Town Engineer will maintain oversight of the project, will perform final inspections, and approve the project when all requirements have been satisfactorily completed. SECTION 8: BARRICADES. The permittee and/or his contractor shall adequately barri- cade his work in accordance with the latest edition of the Feder- al Highway Safety Administration's Manual on Uniform Traffic Control Devices and shall install sufficient warning lights and signs to protect the public. Permittee-shall notify and obtain approval from the Town Police Department before closing or barri- cading any street or public right-of-way. SECTION 9: SEVERALBILITY If any provision of these regulations or its applications to any person or circumstance is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are severable. ADOPTED: 9-17-91 TOWN OF MARANA REGULATIONS FOR ROUTINE UTILITY SERVICE CONNECTIONS AND MAINTE- NANCE IN TOWN RIGHTS-OF-WAY SECTION 1. PERMIT REQUIRED No public right-of-way shall be cut, trenched, or excavated, shall have any fixed object removed, or shall have any object placed there-in by any person unless a permit has first been obtained from the Town of Marana. f1public right-of-way", as used herein, shall include (1) alleys, streets, and drainageways dedicated to the Town of Marana or to the public; (2) other easements dedicated-*to the public; and (3) other property owned by the Town. These regulations apply to routine service connections and main- tenance work within public rights-of-way. installation of mainline distribution and collection facilities and related structures and fittings are not included in these regulations. SECTION 2. EXCEPTIONS TO PERMIT REQUIREMENTS Section 1, shall not apply in the following cases: A. When work is done for municipal purposes by Town personnel and equipment or under a contract administered by the Town. B. When, in an emergency, it is impractical to obtain a permit before work is begun. The Town Police Department shall be immedi- ately notified prior to commencing work, and permit shall be applied for within two business days. SECTION 3. APPLICATION FORMS Application for a right-of-way excavation permit shall be made on forms furnished by the Town. Requests for such forms may be made by phone or by mail at the Marana Town Hall. Completed applications may be submitted either to the Town Clerk or to the Town Engineer by mail or in person by the applicant or his agent. SECTION 4. FEES The fee for a right-of-way excavation permit shall be set by Resolution of the Town Council from time to time. The most cur- rent Resolution shall be attached to these regulations. Permits obtained after work has started, other than work performed under Section 2 B, shall cost double the normal rate, and failure to make timely application under the provision of section 2 B shall result in a double fee for the permit. Paying a double fee does I 1 not waive other penalties under these regulations. No fees shall be required for excavation work in rights-of-way that results from public improvements authorized by the Town Council. SECTION 5. PERMITS REQUIRED FROM OTHER GOVERNMENTAL AGENCIES AND PUBLIC UTILITIES Permits are required for work done in the Town rights-of-way by other governmental agencies and by public utilities. SECTION 6. CONDITIONS FOR OBTAINING A PERMIT A. Each applicant for a permit and/or his agent and/or the con- tractor doing the work will be required, before the issuance of the permit, to: 1.,--Except for utilities certificated-by-the Arizona Corporation Commissiont furnish bonds, insurance, or assurance, in a form satisfactory to the Town, holding the Town harmless and/or free of liability arising out of said work; and 2. Not be delinquent in payments due the Town an prior similar work; and 3. Provide evidence that he is competent and equipped to do the proposed work; and 4. Submit plans of the subject location and adjacent properties (1) showing existing surface conditions, including pavement, curbs, driveways, walk, and landscaping \, (2) showing existing underground installations, and (3) diagraming the work to be performed. E. Permits sought by certificated utilities or by government agencies shall be applied for by that utility or agency, and shall be signed by the designated responsible official. If the work is to be contracted, the contractor shall be listed on the application, but the contractor will not be the applicant. SECTION 7. ISSUANCE OF PERMIT Completed application forms shall be reviewed by the Town Engi- neer. The Town Engineer will issue the permit when (1) the appli- cation has been approved by the Town Engineer and (2) when the permit fee has been paid by a check made out to the Town of Marana, or if and when the utility or agency has established a billing relationship with the Town Clerk. SECTION 8: CONFORMANCE TO RULES AND REGULATIONS A. All work shall conform to (1) Pima County/City of Tucson Standard Specifications for Public Improvements and Standard Details for Public Improvements, (2) revisions thereto issued by the Town Engineer,-'(3) other Town details and/or specifications approved by the Town Engineer, (4) the requirements of these 2 regulations, and (5) any and all specifications and regulations now or hereafter adopted by the Town of Marana. B. The permittee and/or his contractor shall be required to participate in the "Blue Stake" provisions of the State Law. Permission to pothole will be granted under those provisions, provided that all Town property is returned to substantially its original condition. If the permittee and/or his contractor do not follow these provisions, he or they shall be held responsible for any damage to, and for maintenance and protection of, existing utilities and structures. C. Unless otherwise stipulated in the permit, all pavement resur- facing after excavation shall be done by the permittee or his contractor. Permanent pavement repairs shall be completed within 30 (thirty) working days after backfilling the trench. Temporary pavement7- repairs shall be completed -immediately. D. Completed excavation, backfill, and pavement repair shall be guaranteed free of defect by the Applicant and his contractor for a period of one year after acceptance by Town Officials. E. Not more than one direction of travel may be blocked at any one time, unless specifically allowed due to extenuating circum- stances. F. Permission for roadway pavement cuts shall be granted within the Town rights-of-way or roadways on any bituminous and/or concrete pavement structures that are five years old or newer only after the Town Engineer has been assured that all other methods of connecting the customer have been reviewed and found, in the sole discretion of the Town Engineer, to be impractical; or in the event of an emergency. verification of street age may be obtained from the Marana Road Supervisor or Town Engineer. SECTION 9. COMPLETION AND INSPECTION OF WORK All work shall be subject to inspection by the Town. A. The Town's interests in terms of location of work, backfilling of trenches, pavement replacement, and restoration of site to at lease preconstruction condition may be inspected by the permittee by a self certification process. This process shall include: 1. Filing a letter with the Town indicating that the utility (a) is authorized by the Arizona Corporation Commission to work within the public rights-of-way, (b) is a permanent presence in the community, and (c) will react promptly to a request from the Town to correct any deficiencies resulting from work done under a permit. 2. The contractor or applicant insuring that, at all times when work is under way on the site, a responsible person is present who by reason of experience and knowledge is qualified to judge the quality of the work being performed. 3 3. Records of test results, performed by a laboratory approved by the Town Engineer or by a NICET-certified technician, to show that standards of materials, density, and pavement replacement have been met. At the option of the Town, trench backfill compac- tion tests may not be required, outside of the roadway prism, if the excavated material is hauled off and AB is used for the backfill. B. other permittees shall be subject to full Town inspections. C. The Marana Road supervisor shall be notified in all cases by the permittee (1) before work is started, (2) upon completing backfill, and (3) upon completion of the work. If the permittee is not working under self-certification, he shall not proceed with pavement replacement until the backfill has been approved. D.-The,permittee will be required,to-furnigh evidence, acceptable to Town Officials, that the required compaction density has been obtained. This evidence may be in the form of tests and certifi- cation from a certified testing laboratory, or from any engineer- ing technician certified by the National Institute for Certifica- tion in Engineering Technologies at Level II or higher, or from any registered professional civil or geological engineer. The location of the test(s) shall be clearly shown an the report from the permittee. The test report must be submitted within thirty (30) working days after tests are taken. E. Any required testing and/or inspection designated by the permit or required by the Town shall be at the expense of the permittee or his contractor. SECTION 10. BARRICADES; NOTICE The permittee and/or his contractor shall adequately barricade his work in accordance with the latest edition of the Federal Highway Safety Administration's Manual On Uniform Traffic Control Devices, and shall install sufficient warning lights and signs to protect the public. Permittee shall notify and obtain approval from the Marana Police Department before closing or barricading any street or public right-of-way. SECTION 11. PERMIT EXPIRATION , A permit shall expire if work is not started within 30 days of issuance or if not completed within 10 days after the stated completion date. If a permit has expired, a new permit must be applied for and issued before beginning or completing the work. SECTION 12. VARIANCE FROM STANDARDS The Town Engineer may authorize variances provisions outlined in Section 8 where no curb unusual topographical conditions, nature of tion, or similar factors would make adherence provisions unreasonable. from the standard exists, and where existing construc- to such standard 4 SECTION 13. PENALTIES FOR VIOLATIONS Any violation of these regulations shall be a Class I misdemeanor. Each day during which the provisions of these regu- lations are not complied with shall be considered a separate violation. SECTION 14. SEVERABILITY If any provision of these regulations or its applications to any person or circum tance is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or applications of t1,_ese regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulation are severable. ADOPTED: 9-17-91 0. 5 TOWN OF MARANA ROADWAY MORATORIUM POLICIES \S1 Addendum to Ordinance 91.21 M"QFKUMA The Town of Marana Ordinance 91.21, Section 1, paragraph one states "No public right-of-way shall be cut, trenched, or excavated ' shall have any fixed object removed, or placed there-in by any person unless. a permit has first been obtained from the Town of Marana." Section 8, Item F states "Permission for roadway pavement cuts shall be granted within the Town rights-of-way or roadways on any bituminous and/or concrete pavement structures that are five years old or newer gWI after the Town Engineer has been assured that all other methods of connecting the customer have been reviewed and found, in the sole discretion of the Town Engineer, to be impractical; or in the event of an emergency. Verification of street age may be obtained from the Marana Operations and Maintenance Supervisor or Town Engineer." Therefore, the Town of Marana has established the following policies when a roadway pavement cut is necessary as described in Section 8. 1. Applicant must submit a letter to the Town assuring that all other methods of connection are impractical. 2. Pavement repair shall be completed as follows: a. Pavement removal shall be saw cut at a fifteen degree (1511) a skew from the perpendicular line of the curb. b. All pavement removal shall be from curb to curb. c. Total pavement repair shall be a minimum of fifty feet (50') in width perpendicular to the curb line. 3. Applicant must warrantee roadway cut for the remainder of the Moratorium or one (1) year which ever is greater. 4. Any roadway cuts performed without prior approval by the Town Engineer shall result in triple permit fees. I 10/10/2006 1:39:21 I'M Public Works/DMIMF CADocuments and Settings\jflores\I_ocaI SettingsZemportay Internet FiIes\0IXBD\Moratorium Poficy.doc N 0 ?O*No TOWN COUNCIL MEETING TOWN OF MARANA ?9 ?MARANV INFORMATION Ritz MEETING DATE: January 22, 2008 AGENDAITEM: J. 2. b TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney Keith Brann, P.E., Town Engineer/Assistant Director of Public Works SUBJECT: Resolution No. 2008-12: Relating to Traffic; declaring the revisions to Town Code Title 12 adopted by Marana Ordinance No. 2008.04 as a public record filed with the Town Clerk; and declaring an emergency. DISCUSSION This resolution makes the amendments to Title 12 of the Marana Town Code a public record. This process makes it possible for the revisions to be adopted by reference under A.R.S. § 9-802, thereby avoiding the requirement to publish the entire document, as would otherwise be required under A.R.S. § 9-812. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-12, immediately prior to or at the same time as the adoption of Ordinance No. 2008.04, the adopting ordinance for the revisions to Title 12 of the Marana Town Code. SUGGESTED MOTION I move to adopt Resolution No. 2008-12, and declare an emergency. [00007528.DOCI) JHF 111012008 MARANA RESOLUTION NO. 2008-12 RELATING TO TRAFFIC; DECLARING THE REVISIONS TO TOWN CODE TITLE 12 ADOPTED BY MARANA ORDINANCE NO. 2008.04 AS A PUBLIC RECORD FILED WITH THE TOWN CLERK; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The revisions to Town Code Title 12 (Traffic) adopted by Marana Ordinance No. 2008.04, a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and ordered to remain on file with the Town Clerk. SECTION 2. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 22 nd day of January, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00007527.DOC /) JHF 1110108 N 0 TOWN COUNCIL I MEETING TOWN OF MARANA 9 7 INFORMATION Q MEETING DATE: January 22, 2008 AGENDAITEM: J. 3 TO: MAYOR AND COUNCIL FROM: Cedric Hay, Senior Assistant Town Attorney SUBJECT: Resolution No. 2008-13: Relating to Public Works; approving and authorizing the acquisition of certain property for the Camino de Mafiana / Dove Mountain extension projec4and declaring an emergency. DISCUSSION To complete the Camino de Mafiana / Dove Mountain extension project (the Project) it will be necessary to acquire certain property located in the vicinity of Tangerine and Thornydale Roads. The Town has been in communication with the property owners and their agents since last spring and the parties have reached an agreement for the purchase which is the subject of this resolu- tion. FINANCIAL IMPACT Parcel 219-35-0130 is approximately 1.3 acres in size and is currently undeveloped. The pur- chase price of $147,500.00 will be paid with existing funds from the Regional Transportation Authority (RTA) allocation for this project. RECOMMENDATION Staff recommends adoption of Resolution No. 2008-13, approving and authorizing the acquisi- tion of property for the Camino de Mafiana / Dove Mountain extension project. ATTACHMENT(S) None SUGGESTED MOTION I move to adopt Resolution No. 2008-13. 100007524.DOCI) CIH 01109108 MARANA RESOLUTION NO. 2008-13 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR THE CAMINO DE MA&ANA / DOVE MOUNTAIN EXTENSION PROJECT; AND DECLARING AN EMERGENCY. WHEREAS the Mayor and Town Council have found it in the best interests of the Town to complete the Camino de Mafiana / Dove Mountain Extension, project number 2001-052 (the Project); and WHEREAS acquisition of parcel number 219-35-0130, located in the vicinity of Tangerine and Thornydale Roads, is necessary for the Project; and WHEREAS the Regional Transportation Authority (RTA) has provided funding for the project which will be used for this acquisition; and WHEREAS the Mayor and Council find the acquisition is in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing and directing the various Town officers and employees to perform all acts necessary or desirable to give effect to this resolution. IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace, health, and safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 22-d day of January, 2008. ATTEST: Jocelyn C. Bronson, Town Clerk {00007519. DOC /) Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney 119108 CIH OWN Ur TOWN COUNCIL MEETING TOWN OF MARANA 191MA"NA171 INFORMATION MEETING DATE: January 22, 2008 AGENDAITEM: L. I TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Discussion and direction to staff concerning a request by the Southern Arizona Homebuilders' Association to liberalize tempo- rary signage requirements within Town right-of-way and for off- site real estate project directional signs DISCUSSION On November 2, 2007, former Southern Arizona Homebuilders' Association (SAHBA) represen- tative Lori Lustig met with the Town Attorney to request consideration of revisions of the Town's temporary sign regulations that would allow the following: • Up to 18" x 24" "bandit" signs not more than 30" in height in the public right-of-way each weekend from nine o'clock Friday morning to six o'clock Sunday evening. Like all other signs, bandit signs would be prohibited within sight visibility triangles. Possible restrictions might include separation requirements from all other temporary signs in the right-of-way, and up to eight weeks' advance permit purchase and reservation of right-of-way • Up to 4' x 4' offsite real estate project directional signs, not more than 8' high, on private property adjacent to major public right-of-way. When these proposals are analyzed within the framework for permissible regulation of signs un- der the First Amendment to the United States Constitution, several immediate broad-ranging pol- icy considerations arise. The First Amendment prohibits more favorable treatment of commercial signs (for example, real estate signs) than non-commercial signs (for example, political signs). The First Amendment also requires careful justification for more favorable treatment of one type of commercial sign (for example, a real estate project directional sign) over another type of commercial sign (for exam- ple, a typical residential for sale sign). Analyzed within this First Amendment framework, adoption of the SAHBA proposals would lead to a significant increase in permitted signage in Marana. Temporary right-of-way bandit signs would need to permit all non-commercial messages (everything from candidate posters to save the whales signs). Other types of commercial messages would need to be permitted unless the Town's prohibition of the other legal commercial messages on bandit signs implements a substantial governmental interest, directly advances that interest, and reaches no further than necessary to accomplish the given objective. In other words, unless the Town clearly justifies its prohibition of some types of commercial messages, any type of commercial or non-commercial message would need to be permitted on the bandit signs. f 0000756 LDOC /) 1/11/2008 4:54 PM Offsite real estate project directional signs would have similar issues. Signs up to 4'x 4' in size on private property adjacent to major public right-of-way would need to be permitted for all non- commercial messages. To restrict their commercial use to real estate project directional mes- sages, the Town would need to show that the prohibition of the other legal commercial messages on the signs implements a substantial governmental interest, directly advances that interest, and reaches no further than necessary to accomplish the given objective. Even if the Town over- comes this constitutional hurdle, the Council is likely to face political pressure to liberalize sign regulations for other commercial activities that have a temporary need for off-site signage, such as grand opening signage for new businesses and signs offering employment at a new industrial site. RECOMMENDATION The Town Attorney recommends retaining the current approaches of prohibiting all private tem- porary signage in the public right-of-way and disallowing most off-site signage. They remain the clearest and least challengeable regulatory approaches to these signs. If the Council has an interest in pursuing these suggested SAHBA amendments, or other revi- sions to the Town's temporary sign regulations, staff requests that ample time be allowed for analysis of the complicated First Amendment implications of any revision. SUGGESTED MOTION Council's pleasure. 10000756 1. DOC /) -2- 1/11/2008 4:54 PM N TOWN COUNCIL 'I MEETING TOWN OF MARANA 7 INFORMATION Q MEETING DATE: January 22, 2008 AGENDA ITEM: L.2 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT: State Le2islative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION This item is scheduled for each regular council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS Legislative Bulletin, Issue I and 2008 list of State Legislators. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION Mayor and Council's pleasure. JCB/01/14/2008/4:26 PM IN THIS ISSUE Director's Message ................. I Budget Update ........................ 2 SaveTlre Date ......................... 3 Your Voice .............................. 3 Farewell To Two Friends ....... 3 The League Legislative Team .................... 3 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League ofArizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league(&azieague.org Internet: www.azleague.org Ifyou would like the Bulletin E-Mailed to you please e-mail your request to csmith-humhrey(&azleague.org. Bulletin - Issue I - January 11, 2008 DIRECTOR'S MESSAGE All eyes are on budget items as the 2008 legislative session gets underway, and everyone is watching to see where the money goes or doesn't go. As you know, the state is facing a severe revenue shortfall-in the neighborhood of $800 million-and legislators are looking at every program and budget for ways to trim expenses and balance the budget for FY 2008 and FY 2009. Therefore, it is more important than ever for city and town officials to be in regular contact with members of your legislative delegation, and to remind them of the critical importance of shared revenue to our local operations. Cities and towns are the economic engines of the State of Arizona, and maintaining strong cities is the best way to recover from our current economic downturn. Can your involvement make a difference in protecting shared revenue? Absolutely. Throughout this session, it will be important for you to send notes and make phone calls to your delegation, and to make occasional visits to the Capitol to communicate with your delegation face-to-face. The League will be helping coordinate your visits, notifying you when important bills are being heard in committee or on the floor, and providing you with talking points and information. It is important that we speak with one, unified voice regardless of which part of the state we come from. If you are ever in doubt about a particular bill or its impact on cities and towns, please feel free to contact us for information. That's what the League is here for, and our only focus is on advancing the interests of cities and towns for the benefit of our citizens. Whether the session is long or short, your active involvement is crucial. Let's work together to carry our positive message to the legislature and the Governor. Cities and towns provide essential services to families and businesses, and working together we can provide the leadership to economic recovery. January 11, 2008 BUDGET UPDATE Members of the House and Senate Appropriations Committees held joint hearings during the week of January 7th, 2008 to address the nearly $1 billion shortfall in the current year's state budget. The members worked from a document titled "Chairmen's Options," which recommended a number of specific budget cuts from each state agency. Some of the recommended cuts would affect cities and towns directly. One cut (labeled a "cost shift") would fund Department of Public Safety (DPS) officers with $106 million from the Highway User Revenue Fund (HURF). The proposal effectively drains shared revenues from cities and towns for road construction and repair to pay for DPS officer salaries. This did not sit well with several prominent members. Senator Jake Flake (R-Snowflake), said it wasn't fair to use local road monies for DPS officers when cities, towns and counties had to use the money for roads and could not use it for public safety. Senator Carolyn Allen (R-Scottsdale), agreed with Sen. Flake and noted they had been fighting this particular battle for 14 years. Representative Nancy McLain (R-Bullhead City) stated the proposal would adversely affect road construction in rural Arizona. Senator Amanda Aguirre (D-Yuma) also expressed concern that the proposal to use HURF funds for DPS officers would harm cities and towns ability to provide quality roads for Arizona residents. We will continue to watch the process and inform members about the actual effect these types of budget sleights-of-hand would have on Arizona's residents. RESOLUTIONS UPDATE With the legislative session starting, several of the League's legislative priorities are making their way into fray. Below is a summary on their status: Protect Shared Revenues: With the current economy and state budget woes, this is the League's top priority this session. In addition to paying close attention to the current budget proposals released by the Governor and the Appropriations Chairs, we are meeting with the Governor, legislative leadership and individual members to discuss the importance of cities and towns to the state's economy and how shared revenues help continue that revenue source. However, nothing could be more effective than mayors and council members contacting their legislators and delivering to them these key messages. Please let us know if you need help contacting your members. Economic Development. The League is attending many stakeholders meetings on Arizona's various economic incentive tools and is assisting in painting the overall picture of how economic development functions and how the tools are utilized. We are monitoring any proposals that alter our ability to bring business to the state and regions within it. Liquor Laws: Representative Tom Prezelski (D-Tucson) introduced HB 2040, which requires the State Liquor Board (SLB) to give more consideration to local recommendations on liquor license applications by requiring a 2/3 vote of the total membership of the SLB, (rather than of the members present) if the city or town council did not approve the license. Additionally, the League is working very cooperatively with the Department of Liquor Licenses and Control (DLLC) to improve the working relationship between the department and the cities. We are jointly hosting a forum for cities and towns to talk directly to the DLLC and the SLB on January 29th from 9:00 a.m. to 12:00 p.m. at the League offices. Please watch your mailbox for the invitation or contact the League for more information. Fee Disclosure in RFQs: The League staff is working with the City of Prescott and the Town of Prescott Valley in an effort to allow municipalities to consider the cost of preconstruction services in the qualifications based selection process. Representative Andy Tobin (R-Prescott, Verde Valley) will sponsor the bill. Protect the Heritage Fund. The League is working closely with the Fund's alliance in preparing a plan to protect the Fund through this session. Since both the State Game and Fish and State Parks Board are included in the possible budget cuts, the Fund could be vulnerable. Increase Transportation Funding: The proposed budgets that shift $106 million from the Highway User Revenue Fund (HURF) to the Department of Public Safety to pay for highway patrol officers is very concerning given our current infrastructure investment shortfall. The League is working to protect these dollars. 2 January 11, 2008 Resolutions Update (cont'd.) In addition, there is talk of a proposal to send something to the ballot on transportation funding, though the specifics are not known. Options have included allowing public-private partnerships for highway construction and increasing the state sales tax. State Trust Lands: Given that any substantive changes to the State Trust Land process must be approved by the voters, the Governor's Office and the Legislature are partnering to send a comprehensive reform measure to the ballot. The League is working to include our trust land resolution, allowing cities and towns to purchase trust land for rights of way without an auction. Critical Infrastructure: The League is working on legislation that will expressly exempt critical infrastructure information given to cities and towns from public records requests. We are currently discussing the issue with various stakeholders. Fundingfor 9-11 Telecom Fund. Legislative options to address some of the expected 911 funding shortfall are being discussed with no details yet available. In addition, a portion of the administrative 911 monies that are directed to the Department of Administration may be diverted to pay for emergency services at the local level. Transfer of Development Rights: The specifics of this proposal, which allows for development rights to be transferred between cities and counties, are being negotiated. Once the details are worked out, we anticipate it will be introduced as a bill. Small Town Revenue: After working with the small cities and towns and Representative Andy Tobin (R - Prescott, Verde Valley) to ensure that the appropriation passed last year for 2008 was funded as promised, the League is working to protect current revenue streams in light of the possible budget cuts at the state level. SAVE THE DATE 2ND ANNUAL CITY AND TowN RECEPTION AT THE CAPITOL The League will host a welcome reception for the Legislators on February 19th from 4:00 p.m. to 6:00 p.m. at the Capitol in the Rose Garden Oust west of the House Chamber). We invite all city and town elected officials and staff to attend this reception. It is a great opportunity to meet with your legislators and build relationships with your elected representatives at the capitol. YOUR VOICE With this edition of the Bulletin you will also get the attachment Your Voice at the Capitol, our compilation of senators and representatives and their contact information. Please use this document so that your voice can be heard. FAREWELL TO TWO FRIENDS Two "Friends of the League" left the Legislature this last year. Representative Ann Kirkpatrick (D-Flagstaff) resigned to run for Congress. Representative Lena Saradnik (D-Tucson) resigned recently due to health reasons. We will greatly miss both of these fine legislators and thank them for the tremendous support they have given cities and towns in their respective careers. THE LEAGUE LEGISLATIVE TEAM Anytime you have a question or comment about a legislative matter, please feel free to contact any of the Legislative Team listed below. We are always happy to help. League Office (602) 258-5786 Phone (602) 253-3874 Fax Jeff Kros - Legislative Director jkrosLyazleague.orv_ Cheyenne Walsh - Legislative Associate cwalsh(a)azleague.org Dale Wiebusch - Legislative Associate dwiebusch(t?1azlm_yue.ori,_ Mannat Singh - Legislative Intern msingh(a,,,.azleague.org Januaryll,2008 YOUR VOICE AT THE CAPITOL 2008 STATE LEGISLATORS At the beginning of the Legislative session each year the League compiles current contact information for each of Arizona's 30 State Senators and 60 State Representatives in order to facilitate lobbying efforts for cities and towns. The list includes the following: the name of each Senator and Representative and the district and the cities and towns they represent the Capitol address and toll-free number (listed below) legislators' home addresses or alternate mailing addresses legislators' office phone numbers and fax numbers legislators' e-mail addresses A useful tool for accessing legislative information is the Legislature's web site. The address is www.azieg.gov or simply follow the link from the League's web site at www.azleague.org. Using the links provided on the web page you can retrieve brief biographies of legislators and what committees they serve on, access complete texts of introduced legislation and obtain the status of any bill. Summaries of each bill can also be found on this site once the bill has been assigned to committee. The League offices are always available for your use during the legislative session. The League facilities provide a convenient place for meeting with State Legislators, particularly for local officials outside the metropolitan Phoenix area. We hope the list will be helpful to you in contacting your legislators on all issues of major municipal concern. Please feel free to contact the League staff should you have any questions regarding legislation or contacting your legislators. if you wish to reach a legislator by mail at the Capitol, simply address the correspondence to: The Honorable Senators Name State Senator 1700 West Washington Street - Senate Phoenix, Arizona 85007 The Honorable Representative's Name State Representative 1700 West Washington Street - House Phoenix, Arizona 85007 Toll-free number: 1-800-352-8404 SENATOR REPRESENTATIVES CITIEStTOWNS Distdct I Tom O'Halleran Lucy Mason Andy Tobin Camp Verde PO Box 20249 13 N. Woodridge Cir., 1700 West Washington, STE H. Chino Valley Sedona, AZ 86341 Prescott, AZ 86303 Phoenix, AZ 85007-2844 Clarkdale (602) 926-5584 (602) 926-5874 (602) 926-5172 Cottonwood (602) 417-3101 fax (602) 417-3001 fax (602) 417-3085 fax Jerome tohalleran?Dazleq.qov 1mason(d)az1eq.qov atobinCd).az1eq.qov Prescott Prescott Valley Sedona Williams District 2 Albert Hale Tom Chabin Albert Tom Flagstaff PO Box 4440 5520 E. LaTrobe PO Box 542 Window Rock, AZ 86515 Flagstaff, AZ 86004 Chambers, AZ 86502 (602) 926-4323 (602) 926-5160 (602) 926-5862 (602) 417-3160 fax (602) 417-3002 fax (602) 417-3102 fax ahale6j),azleg.gov tchabin Cobazleg.gov atom(a',azleq,,Qov District 3 Ron Gould Trish Groe Nancy G. McLain Bullhead City 3971 Albacore Dr. 1980 Deer Run Drive 1706 E. Marble Canyon Colorado City Lake Havasu City, AZ 86406 Lake Havasu City, AZ 86404 Bullhead City, AZ 86442 Fredonia (602) 926-4138 (602) 926-540 (602) 926-5051 Kingman (602) 417-3165 fax (602) 417-3103 fax (602) 417-3003 fax Lake Havasu City rqould(a-1az1eq.qov tqroeaazleqqov nmclainCd)azleq..Qov Page Parker Quartzsite District 4 Jack Harper Tom Boone Judy M. Burges Buckeye 15962 W. Desert Vista Trail 7288 W. Cielo Grande PO Box 123 Dewey-Humboldt Surprise, AZ 85387 Glendale, AZ 85383 Skull Valley, AZ 86338 Glendale (602) 926-4178 (602) 926-329 (602) 926-5861 Peoria (602) 417-3154 fax (602) 417-3004 fax (602) 417-3104 fax Phoenix iharperaazleg.gov tboone0,az1eq,Qov iburcies@azleg.gov Surprise Wickenburg District 5 Franklin "Jake" Flake Jack Brown William Konopnicki Clifton 490 W. Fish Lane PO Box 220 1491 Thatcher Blvd. Duncan Snowflake, AZ 85937 St. Johns, AZ 85936 Safford, AZ 85546 Eagar (602) 926-5129 (602) 926-4129 (602) 926-5409 Globe (602) 417-3223 fax (602) 417-3010 fax (602) 417-3105 fax Holbrook iflake(@.azieg.gov i brown Qazleg,ciov bkonoynickiRazleg,gov Miami Payson Pima Pinetop-Lakeside Safford St. Johns Show Low Snowflake Springerville Star Valley Taylor Thatcher Winslow SENATOR 7 REPRESENTATIVES CITIES/TOWNS District 6 Pamela Gorman Doug Clark Sam Crump Phoenix 3658 W. Thalia Court 2207 W. Hidden Treasure 1700 W. Washington, H-1 17 Anthem, AZ 85086 Anthem, AZ 85086 Phoenix, AZ 85007 (602) 926-4002 (602) 926-3018 (602) 926-3014 (602) 417-3163 fax (602) 417-3006 fax (602) 417-3048 fax worman PaWleg,gov dclark(a)azleg,gov scrumpaazieg.gov District 7 Jim Waring Ray Barnes Nancy Barto Carefree 4366 E. Campo Bello 4420 E. Michelle Dr. 3631 E. Rockwood D Cave Creek Phoenix, AZ 85032 Phoenix, AZ 85032 Phoenix, AZ 85050 Phoenix (602) 451-0402 (602) 926-5503 (602) 926-5766 Scottsdale (602) 417-3150 fax (602) 417-3107 fax (602) 417-3011 fax iwaring(a),azlemov rbarnes(a)azlea,gov nbarto(o,azleg.gov District 8 Carolyn S. Allen Michele Reagan John Kavanagh Fountain Hills 7499 E. Timberlane Court 7754 Lakeview Court 16038 Seminole Lane Scottsdale Scottsdale, AZ 85258 Scottsdale, AZ 85258 Fountain Hills, AZ 85268 (602) 926-4480 (602) 926-5828 (602) 926-5170 (602) 417-3155 fax (602) 417-3008 fax (602) 417-3108 fax callen0azieg.oov mreagan@azle.g.gov ikavanaghaazleg.gov District 9 Robert Burns Rick Murphy Bob Stump Glendale 8751 W. Kathleen Rd. PC Box 6793 8735 W. Windrose Dr Peoria Peoria, AZ 85382 Glendale, AZ 85312 Peoria, AZ 85381 Surprise (602) 926-5993 (602) 926-3255 (602) 926-5413 Youngtown (602) 417-3225 fax (602) 417-3009 fax (602) 417-3109 fax rburnsa,azleg.gov rmurphyaazleQ.qov bsturnp0azleg.gov District 10 Linda Gray Jackie Thrasher James Weiers Glendale 4535 W. Columbine 4537 W. Park Place 16022 N. 37?1 Avenue Phoenix Glendale, AZ 85304 Glendale, AZ 85306 Phoenix, AZ 85053 (602) 926-3376 (602) 926-3024 (602) 926-4173 (602) 417-3253 fax (602) 417-3110 fax (602) 417-3153 fax Igrayaazleg.gov ithrasher(LDazleg.gov iweiersPazieg.gov District 11 Barbara Leff Mark Desimone Adam Driggs Paradise Valley 8641 N. 55th Place 201 W. Seldon Lane 4231 E. Clarendon Phoenix Paradise Valley, AZ 85253 Phoenix, AZ 85021 Phoenix, AZ 85018 (602) 926-4486 (602) 926-3037 (602) 926-3016 (602) 417-3170 fax (602) 417-3111 fax (602) 417-3007 fax bleffa.azleg.gov mdesimone(@.azieg.gov adriqQs(@az1eQ.qo Distflct 12 Robert Blendu John Nelson Jerry Weiers Avondale 12704 W. Solano Drive 5433 N. 106th Ave. 1700 W. Washington, STE H Buckeye Litchfield Park, AZ 85340 Glendale, AZ 85307 Phoenix, AZ 85007 El Mirage (602) 926-5955 (602) 926-5872 (602) 926-5894 Glendale (602) 417-3168 fax (602) 417-3112 fax (602) 417-3012 fax Goodyear rblendu(a),az1eq.,qov inelsonaazleq.,qov ipweiers(a)-azleg.gov Litchfield Park Phoenix Surprise SENATOR I REPRESENTATIVES I CITIESITOWNS District 13 Richard Miranda 2626 S. 85th Ave. Tolleson, AZ 85353 (602) 469-2393 (602) 417-3171 fax rrniranda(a-)az1eQ.Qov Steve Gallardo 3636 N. 81 st Ave. Phoenix, AZ 85033 (602) 926-3392 (602) 417-3013 fax sqallardo raWleqjov Martha Garcia 1700 W. Washington, STE H-126 Phoenix, AZ 85007 (602) 926-5830 (602) 417-3113 fax mqarcia(@,azleg.gov Avondale Glendale Phoenix Tolleson District 14 Debbie McCune-Davis 2634 N. 201h Ave Phoenix, AZ 85009 (602) 926-4485 (602) 926-3429 fax dmccunedavisa,azieg.gov Chad Campbell 1333 N. 24th Street #362 Phoenix, AZ 85008 (602) 926-3026 (602) 417-3037 fax chcampbellaazleg,gov Robert Meza 2624 N. 22nd Avenue Phoenix, AZ 85009 (602) 926-3425 (602) 417-3114 fax rmeza(a)azleq,qov Glendale Phoenix District 15 Ken Cheuvront 3312 N. 11 th Ave #A Phoenix, AZ 85013 (602) 926-5325 (602) 417-3149 fax kcheuvrontaazieg.gov David Lujan 1700 W. Washington Phoenix, AZ 85007 (602) 926-5829 (602) 417-3115 fax dluianaazleg.gov Kyrsten Sinema 335 W. Windsor Drive Phoenix, AZ 85003 (602) 926-5058 (602) 417- 3015 fax ksinernai??azleq.n.ov Phoenix District 16 Leah Taylor Landrum 6814 S 40th Ln Phoenix, AZ 85041 (602) 926-3830 (602) 417-3145 fax llandrumtaylor(@az1eq.qov District 17 Meg Burton Cahill 1531 E. Cedar St. Tempe, AZ 85281 (602) 926-4124 (623) 417-3164 fax mburtoncahill(@,azieg.gov District 18 Karen Johnson 501 E. 2nd Ave. #1 Mesa, AZ 85204 (602) 926-3160 (602) 417-3151 fax kiohnsona,azleg-gov District 19 Chuck Gray 7461 E. Ivyglen Street Mesa, AZ 85207 (602) 926-5288 (602) 417-3161 fax cqrav(@.azleaque.Qov Cloves Campbell, Jr. 1709 E. Beverly Phoenix, AZ 85042 (602) 926-3042 (602) 417-3117 fax clcampbell(o)azleg.gov Edward Ableser PO Box 27871 Tempe, AZ 85285 (602) 926-4118 (602) 417-3164 fax eableserPazleg.gov Mark Anderson 1727 W. Argon Street Mesa, AZ 85201 (602) 926-4467 (602) 417-3018 fax mandersonna.azleg.gov Adam Kirk 3851 E. Main Mesa, AZ 85205 (602) 926-5495 (602) 417-3019 fax kadamsO,azle-g.gov Ben R. Miranda 21 E. Saint Charles Ave. Phoenix, AZ 85040 (602) 9264893 (602) 417-3116 fax bmi rand aaazleg qov David Schapira 3633 S Hazelton Ln Tempe, AZ 85281 (602) 926-3028 (602) 417-3038 fax dsrhapiraQaz1eq,qov Russell Pearce PO BOX 31987 Mesa, AZ 85275 (602) 926-5760 (602) 417-3118 fax rpearce(a)azleg-gov Rich Crandall PO Box 31990 Mesa, AZ 85275 (602) 926-3020 (602) 417-3119 fax rcrandalla.azleg.go Guadalupe Phoenix Scottsdale Tempe Mesa Apache Junction Mesa SENATOR - FREPRESENTATIVES CITIESITOWNS District 20 John Huppenthal John McComish Bob Robson Chandler 8 Bullmoose Circle 4463 E. Desert View 381 N. Arizona Ave. Phoenix Chandler, AZ 85224 Phoenix, AZ 85044 Chandler, AZ 85225 Tempe (602) 926-5261 (602) 926-5898 (602) 926-5549 (602) 417-3157 fax (602) 417-3020 fax (602) 417-3120 fax ihuppenthalaazleg gov imccomishaazleg,gov brobson rmazleg.gov District 21 Jay Tibshraeny Wardle Nichols Steven B. Yarbrough Chandler 2158 E. Teakwood Place 16018 E. Twin Acres Drive 1086 W. Armstrong Way Mesa Chandler, AZ 85249 Gilbert, AZ 85297 Chandler, AZ 85248 Queen Creek (602) 926-4481 (602) 926-5168 (602) 926-5863 (602) 417-3152 fax (602) 417-3021 fax (602) 417-3121 fax itibshraeny0azle qov wnicholsOazlea.gov syarbroughaazleg.gov District 22 Thayer Verschoor Andy Biggs Eddie Farnsworth Apache Junction 1326 E. Encinas 15926 E. Elliot Road 1126 E. Harrison Street Gilbert Gilbert, AZ 85234 Gilbert, AZ 85234 Gilbert, AZ 85296 Mesa (602) 926-4136 (602) 926-4371 (602) 926-5735 (602) 417-3222 fax (602) 417-3022 fax (602) 417-3122 fax tverschooraazleg gov abiggsaazleg-gov efarnsworth(@.azieg.gov District 23 Rebecca Rios Barbara McGuire Peter Rios Apache Junction PO Box 11 PO Box 613 PO Box 451 Avondale Apache Junction, AZ 85219 Kearny, AZ 85237 Hayden, AZ 85235 Casa Grande (602) 926-5685 (602) 926-3012 (602) 926-5761 Coolidge (602) 417-3167 fax (602) 417-3123 fax (602) 417-3023 fax Eloy rriosOazleg.,qov bmcquireaazleg.gov priosoazigg.gov Florence Hayden Kearny Mammoth Maricopa Phoenix Queen Creek Superior Winkelman District 24 Amanda Aguirre Lynne Pancrazi Theresa Ulmer Parker 4601 W La Quinta Loop 3748 W. 18th Place 458 Orange Ave. San Luis Yuma, AZ 85364 Yuma, AZ 85364 Yuma, AZ 85364 Somerton (602) 926-4139 (602) 926-3004 (602) 926-3002 Welton (602) 417-3156 fax (602) 417-3179 fax (602) 417-3124 fax Yuma aaguirrea,azleg.gov loancraziaazleg.gov tulmer@azieg.gov District 25 Marsha Arzberger Manuel V. "Manny" Alvarez Jennifer J. Burns Benson 3635 E. Chambers Road 4128 W. Jefferson Road 13535 W. Curtis Road Bisbee Willcox, AZ 85643 Elfrida, AZ 85610 Tucson, AZ 85743 Buckeye (602) 926-4321 (602) 926-5895 (602) 926-5836 Douglas (602) 417-3146 fax (602) 417-3025 fax (602) 417-3125 fax Gila Bend marzbergera.azleq.qov malvarez(a-)azleg.gov ibumsaazleq.qov Huachuca City Marana Nogales Sierra Vista Tombstone Willcox SENATOR I REPRESENTATIVES I CITIESITOWNS Distrlict 26 Charlene Pesquiera 12144 N. Makayla Canyon Oro Valley, AZ 85755 (602) 926-4326 (602) 417-3159 fax cPesQuieraa.az1eq,qov District 27 Pete Hershberger 1513 W. Sendero Seis Tucson, AZ 85704 (602) 926-5839 (602) 417-3026 fax phershbergeraazleg,gov Olivia Cajero Bedford 820 N. Via Roma Tucson, AZ 85745 (602) 926-5835 (602) 417-3027 fax ocaierobedfordPaWleg.gov Lena Saradnik* 9880 N. Windwalker Trail Tucson, AZ 85742 (602) 926-3398 (602) 417-3126 fax 1saradnika,az1eq.Qov Phil Lopes 1421 N. Camino De Juan Tucson, AZ 85745 (602) 926-3278 (602) 417-3127 fax plopesaazleg.gov Marana Oro Valley Tucson Jorge Luis Garcia 3145 W. Morgan Drive Tucson, AZ 85745 (602) 926-4171 (602) 542-3262 fax igarciaG.azleg-gov District 28 Paula Aboud 1341 E Greenlee Rd Tucson, AZ 85719 (602) 926-5262 (602) 417-3166 fax paboudRazleg.gov District 29 Victor Soltero 343 E. 35th St. South Tucson, AZ 85713 (602) 926-5342 (602) 417-3169 fax vsoltero(a).azieg-gov District 30 Tim Bee 17212 S. Painted Vistas Way Tucson, AZ 85747 (602) 926-5683 (602) 417-3247 fax tbee0azleq.gov David T. Bradley 5909 E. Third Street Tucson, AZ 85711 (602) 926-3300 (602) 417-3028 fax dbradley0azieg.gov Linda Lopez 1506 E. Melridge Street Tucson, AZ 85706 (602) 926-4089 (602) 417-3029 fax Ilopezoazle q ? _quv Marian A. McClure 1841 N. Forty-Niner Drive Tucson, AZ 85749 (602) 926-3312 (602) 417-3130 fax mmcclure(@azieg.gov Tucson Steve Farley Tucson 2532 E. Helen St. Tucson, AZ 85716 (602) 926-3022 (602) 417-3128 fax sfarleyaazleg.gov Tom Prezelski South Tucson 494 S Convent Ave. Tucson Tucson, AZ 85701 (602) 926-3424 (602) 417-3129 fax tprezelskipazl2g.gov Jonathan Paton Patagonia 9432 E 5th St. Sahuarita Tucson, AZ 85710 Sierra Vista (602) 926-3235 Tucson (602) 417-3030 fax ipaton((D,azleg.gov *Has resigned; replacement will be named by Pima County Board of Supervisors.